Landlord took security deposit, MIA and no show at court! Now what???

[hscott]

What is the name of your state (only U.S. law)? NJ

Signed a retail lease in April to begin May 1st. Landlord had until 5/31 to perform specific duties according to lease otherwise I could terminate lease and receive ALL security deposits back.

Nothing was performed by landlord after repeated letters throughout the month on May. On 6/1 I terminated the lease and requested my security back. Never heard back and on 7/1 I filed in small claims court. On 8/1 went to court and she did not show up. Today I get a call from someone representing a bank that just foreclosed on the property and was the new owners. I explained what has happened and they said they were under no responsibility. They did mention that this was going on for some time and I should go to the local authorities.

Suggestions? I want to get what she deserves plus my money back.

Not to mention I would like to get back all the improvements I made to the property, but that’s another story. I will concentrate on my 3000 security first.

Thanks

 

[sandyclaus]

What is the name of your state (only U.S. law)? NJ

Signed a retail lease in April to begin May 1st. Landlord had until 5/31 to perform specific duties according to lease otherwise I could terminate lease and receive ALL security deposits back.

Nothing was performed by landlord after repeated letters throughout the month on May. On 6/1 I terminated the lease and requested my security back. Never heard back and on 7/1 I filed in small claims court. On 8/1 went to court and she did not show up. Today I get a call from someone representing a bank that just foreclosed on the property and was the new owners. I explained what has happened and they said they were under no responsibility. They did mention that this was going on for some time and I should go to the local authorities.

Suggestions? I want to get what she deserves plus my money back.

Not to mention I would like to get back all the improvements I made to the property, but that’s another story. I will concentrate on my 3000 security first.

Thanks

If the woman didn't show, I presume that you got a default judgment against this woman? If so, you'll have to pursue her to collect what the judge says she owes.

Taking someone to court is the easy part. Many judgments go uncollected because it's difficult or impossible to track down the judgment debtor to collect from them what they owe you. Perhaps you can hire a PI or someone to track the woman down so that you can figure out how to get the money from her.

As for the improvements made to the property? Unless your contract specifically allows for you to be reimbursed for what you put into those, then the LL was never under any obligation to repay you for those. Improvements and permanent fixtures attached to the property by a tenant usually become the property of the owner.

 

[hscott]

I understand that about the improvements...

I was told that by the bank that I can pursue her through the local police department as essentially it is theft by deception. She took security knowing that the building was to be foreclosed on. She made zero attempts to save the building.

Please keep in mind that the act of LL asking for security is not the issue. The issue is retaining the security after foreclosure. The fact that the bank took over just a few weeks after acceptance of my funds without any notification to me and being MIA lends itself to theft by deception. Bank tells me that LL was notified weeks prior to accepting my security and arrangements were made for the transfer between the two parties. Bank will cooperate in helping me recover funds.

 

[Zigner]

I understand that about the improvements...

I was told that by the bank that I can pursue her through the local police department as essentially it is theft by deception. She took security knowing that the building was to be foreclosed on. She made zero attempts to save the building.

Please keep in mind that the act of LL asking for security is not the issue. The issue is retaining the security after foreclosure. The fact that the bank took over just a few weeks after acceptance of my funds without any notification to me and being MIA lends itself to theft by deception. Bank tells me that LL was notified weeks prior to accepting my security and arrangements were made for the transfer between the two parties. Bank will cooperate in helping me recover funds.

The LL had every right to collect security on a building that he owned. This is not theft by deception.

 

[BL]

Then contact the DA and see if that office is willing to pursue.

Check county ,tax,etc. office for record of the LL's information other than the rental address .

You want to track her down so you can pursue your remedies.

Ultimately , if she owns her personal property you may have to file a transcript of Judgment with the county offices .

That puts a lein so to speak on a property ,and prevents her from doing business as usual until the judgement is satisfied.

 

[FarmerJ]

You may well have to learn if the person you sued has any other real estate and if so then you will want to know how you can tie up other property they have with a lien.