tenant2009
Junior Member
Help! Issue serving summons to Landlord living in another country ($10k at stake)!
What is the name of your state (only U.S. law)? N.J.
Facts of my case:
1) Landlord is a US citizen but lives in India temporarily . Owns a property in NJ, that I found thru a realtor.
2) Lease signed for a year. Put down $5000 security deposit via a normal check (equal to 2 months rent, being unaware of the 1.5 month's maximum at the time)
3) Lease has an 'addendum' that provided the contact numbers of the landlord's brother who lives in the neighborhood (this is where I drop off the initial few month's rent)
4) After a few months, pay rent monthly via electronic transfer to landlord's bank account.
5) After a year in the house, mutually agreed via email to extend lease by 6 months .
6) 3 months into the extension, landlord visits the US and requests that I move out of the house in 2 months as he plans to move back to this country.
7) Eventually after negotiating thru email, move out 15 days before 6 month extension is complete. Return keys to landlord's brother.
8) Email Landlord who begins delaying inspection of property and return of deposit, claiming I didn't 'take care' of his home.
9) 45 days out, landlord (who is still in India) still refuses to pay back deposit or have inspection done, claiming he will come to the US and do it 'personally'
10) I file a special civil complaint (suing for double the security deposit: $10000) but summons are returned because landlord doesn't live at the property address he owns.
11) 60 days out, I find out thru a third party that the same realtor who had rented me property has already inspected the property and re-rented the property for 2 years.
12) 90 days out, email landlord again about his intentions on returning deposit and he claims he is adding up the 'serious' damages I caused to his house.
Questions:
Thanks in advance for your help and advice!!
What is the name of your state (only U.S. law)? N.J.
Facts of my case:
1) Landlord is a US citizen but lives in India temporarily . Owns a property in NJ, that I found thru a realtor.
2) Lease signed for a year. Put down $5000 security deposit via a normal check (equal to 2 months rent, being unaware of the 1.5 month's maximum at the time)
3) Lease has an 'addendum' that provided the contact numbers of the landlord's brother who lives in the neighborhood (this is where I drop off the initial few month's rent)
4) After a few months, pay rent monthly via electronic transfer to landlord's bank account.
5) After a year in the house, mutually agreed via email to extend lease by 6 months .
6) 3 months into the extension, landlord visits the US and requests that I move out of the house in 2 months as he plans to move back to this country.
7) Eventually after negotiating thru email, move out 15 days before 6 month extension is complete. Return keys to landlord's brother.
8) Email Landlord who begins delaying inspection of property and return of deposit, claiming I didn't 'take care' of his home.
9) 45 days out, landlord (who is still in India) still refuses to pay back deposit or have inspection done, claiming he will come to the US and do it 'personally'
10) I file a special civil complaint (suing for double the security deposit: $10000) but summons are returned because landlord doesn't live at the property address he owns.
11) 60 days out, I find out thru a third party that the same realtor who had rented me property has already inspected the property and re-rented the property for 2 years.
12) 90 days out, email landlord again about his intentions on returning deposit and he claims he is adding up the 'serious' damages I caused to his house.
Questions:
- Do I have a strong case since the deposit should be returned within 30 days or atleast a list of damages be provided ?
- How do I get the summons served to him?
- Can I serve the landlord at his brother's address?
- Can I include the brother in the suit too, although his involvement is to the extent of collecting the rent and the keys at the end
Thanks in advance for your help and advice!!
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