Do i have a right to have the reasons for a judge's legal finding?

[Cyber Justice]

FOR NEW JERSEY: I recently went to Small Claims Court where a Judge ruled that I had improperly withheld one month's rent from my tenant's security deposit.

Security Deposit Act’s N.J.S.A. 46:8-21.1 - at the end - states the penalty of improperly withholding the security deposit, which calls for the Court to:

“…award recovery of double the amount of said moneys, together with full costs of any action and, in the court's discretion, reasonable attorney's fees.”

My dwelling, however, is a three-family owner occupied building with two rental units. Therefore, in order for me to be subject to the above cited penalties of the Security Deposit Act, the tenant must have first given a minimum of thirty days notice of her intentions in order to invoke the provisions of the Security Deposit Act, as per N.J.S.A. 46:8-26. Application of Act, which states:

“The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord INVOKING the provisions of this act.”

The 30 days written notice was never performed by the tenant. She therefore never invoked the penalty provisions of the Security Deposit Act.

The Judge after hearing all this information, however, still awarded the tenant double + court costs WITHOUT EXPLANATION.

I appealed to amend the Judgment. I requested an oral argument. The oral argument request, as well as my motion to amend the Judgment was denied.

I called the Judge's clerk, but cannot get any kind of legal cite or explanation as to how or why the Judge reached his verdict / finding.

What can I do at this point? According to two different lawyers + the LSNJ website, I should have actually won my case outright! But now there's no explanation or legal cite from the court as to why I lost - AND LOST DOUBLE!

Thank you to all. . .

 

[musicman654321]

Hi,

You can ask the court to re-consider if allowed. You did do this and it was denied.

In small claims judges don't write final opinions like they do in (or can be asked to do) in regular court.

Your stuck with the decision, right or wrong.

 

[BL]

Here's a Guide to small claims and appeals .

[U]http://www.judiciary.state.nj.us/civil/civ-02.htm#AppealSC[/U]

Having said that even though you were told you should have won the case outright , often times even IF the law were on your side , you as the litigant have to prove to the court through testimony and evidence that you are entitled to the other person's money and how much .

There are all kinds of reasons a Judge may find in favor of one or another .

- Lack of proper presentation , proof .

- Not adhering to the Judge's instructions , IE continuing to interrupt the Judge while the Judge is speaking - not being able to answer the Judge's questions directly .

- Sometimes Judges just have it against a litigant ( not a legal reason but it happens ) . IE: They way one looks - their demeanor - etc.

It seems your State requires a bit of money up front , plus the purchase of the transcript to appeal .

Is it worth the chance to you , or are you prepared just to write it off and go forward .