Landlord refused rent deposited in escrow for rent but wants to keep security deposit

[Bru023]

Hi This is in NJ ...So landlord took us to court for rent/ to evict.we did motion to show cause. The court paper stated deposit 4500.00 by this date and we did . His lawyer shows up in court, JUDGE suggested mediation at that point lawyer says my client does not want to mediate he does not want us as tenants anymore and it doesnt matter how much money we have.

Then on the same day with no prior notice he says we owe now an additional 600$ for a lawyer fee. Judge told us i dont think its wise you stay its obvious he does not want you as tenant's but ill give you until 4pm to deposit 600$ if 600$ is deposited tenant remains if not 4500.00 in escrow is returned to tenant landlord gains posession... landlord has said in the past one way or another he would evict us.He would have the neighbors call the police on us constantly claiming we smoke Marijuana. Every time police found no signs of nothing matter cleared.

Now hes claiming to take my deposit of 2250.00. Toward owed rent the same rent he had the opportunity to get from escrow in court. He never showed me where he deposited it or what account but claims interest is 4% i believe its 7% by law . But does he have the right to my money

 

[FlyingRon]

You owe the rent for the time you lived there. It matters not if it was released from escrow or not. Do you have a lease? On what grounds (other than he wants to no longer rent the unit) is he trying to evict you?

 

[Bru023]

You owe the rent for the time you lived there. It matters not if it was released from escrow or not. Do you have a lease? On what grounds (other than he wants to no longer rent the unit) is he trying to evict you?

I understand we owe him but he refused the money in court. We have already been locked out . How can he evict and keep my money for non rent payment when he had the money in court waiting for him.

he told all the other tenants if any smell or noise call police on us . We have him recorded saying this. I have 8 police reports /calls made on us mostly claiming Marijuana use .when police arrived we let them in and they smell nothing. Sometimes we burn incense or candles all the reports from police state no Marijuana incedent cleared.

Also when it snowed he plowed everyones spot but mine i photographed it. Plus he locked us out of part of the rental wash room/ storage he installed a 3rd lock and every tenant had key but us.also have text/photo proof of this.

Also police where called on us for locking the doors to the apartment at night. Not all tenants had keys to the main door so we where forced to sleep with front and back door open all night . Im going to make a small claim against him for my deposit and devaluation of leasehold.

 

[Bru023]

He claimed he was taking me to court for the remainder minus my deposit of what he claims we owe it has been almost 2 months he hasn't done anything. I think his lawyer told him no point since he refused rent .but i want my deposit back x2 . I gave him ample time and warnings. I believe he has no rights to refuse rent evict then keep my deposit. Any help

 

[Bru023]

He finally sued me 2 months after eviction

I counter sued him for double my deposit and devaluation of leasehold for many of his illegal actions while we lived there. I also filed a cross claim against my ex girlfriend who kicked me out and took my keys. She was living there at the time the rent was due.... wish i could get more replies to help

 

[Bru023]

No advice?

Am i right or wrong?

 

[Zigner]

I counter sued him for double my deposit and devaluation of leasehold for many of his illegal actions while we lived there. I also filed a cross claim against my ex girlfriend who kicked me out and took my keys. She was living there at the time the rent was due.... wish i could get more replies to help

Gee, it would be nice to get the whole story in the first place...

I would suggest that you consult with a local LL/Tenant attorney, not an internet forum. That attorney will (hopefully) be able to get all of the facts out of you.

 

[Bru023]

Full story

He took us to court for owed rent his claim was for 4,500. We did order to show cause and deposited 4,500 in court. Plus his filing fee . His lawyer did not want to do arbitration and told the judge my client no longer wants us living there and would not take the money in escrow.

He then on same day claims we owe for his lawyer and late fees witch he did not include in his original claim. The judge advised us if we want to stay hed allow it if we came up with the extra charges by 4:00 pm same day. But advised us maybe its best to leave due to the landlord not wanting you there.

Now 2 months later he has yet to return my deposit and is sueing me for remainder owed his lawyer fee and a month he was unable to rent the unit. ...we only had 3 months left on lease at time of eviction. And he had 2500$ deposit of mine. He could of easily deduced his lawyer fee from that. And any future owed rent and inspcted the unit for damage.

He was trying to evict us by any means i have him recorded saying that. Im in nj

 

[Bru023]

Little help have court soon.

He also on the day of court added new charges on the paperwork that was not included in the amount he took us 2 court for. He claimed on paperwork 4500.00 plus court cost. So. We put that in escrow.... he then claims on day of court we owe non 616 more. For lawyer and late fees.

Can he add on charges same day?.

 

[Zigner]

You've had a month to speak to an attorney...did you?

 

[Bru023]

Not yet

Lawyer gives costly advice. Thats why i tried here first.

 

[Zigner]

Lawyer gives costly advice. Thats why i tried here first.

You tried here and you were told to consult with an attorney. Then, apparently, you buried your head in the sand for a month hoping things would fix themselves. It's unfortunate for you that now you are in a hurry. Attorneys may charge more for rush service.