Deposit not returned

[ksshin]

New Jersey. I rented a room from a person in an apartment for a couple of months. He wanted $900 deposit which I gave. After I moved out, he gave me $500 back and said he would mail the rest after final telephone and electric bill came. Months later he said he mailed a check for $375 but I never received it. He says his bank shows it being cashed. I asked him to report it to his bank. He agreed and after another couple of months, he says they are still investigating. I asked for a copy of cancelled check.. have not received anything. Finally I started mentioning suing the bank and now he wont return my calls. He also has disconnected his home number. Unfortunately I do not have a copy of the rental agreement. The only thing I have is a recorded voice mail that he left me about his bank investigating. Do I have enough to sue or can I even sue? What evidence should I try to gather? Thanks.

 

[JETX]

Small claims court doesn't require the full 'Rules of Evidence' to support your case, and though clear documents go a LONG way, they are usually not required.

Get your documents (and ALL other relevant items) together and review them. Do you believe that they are sufficient to prove your case to a 3rd party (the court)?? If so, I would consider filing against him.

One other thing that could help you immensely...
is the New Jersey laws. NJ has some pretty strict landlord requirements, including interest on deposits, etc. that 'he' very probably violated.
For example:
"46:8-21.1. Return of deposit; displaced tenant
Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in accordance with the terms of a contract, lease, or agreement, to the tenant or licensee, or, in the case of a lease terminated pursuant to P.L. 1971, c. 318 (C. 46:8-9.1), the executor or administrator of the estate of the tenant or licensee or the surviving spouse of the tenant or licensee so terminating the lease. The interest or earnings and any such deductions shall be itemized and the tenant, licensee, executor, administrator or surviving spouse notified thereof by personal delivery, registered or certified mail."

AND

"46:8-21.2. Limitation on amount of deposit
An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes."

Also, take a look at:
46:8-19 Security deposits; investment, deposit, disposition.

Source: http://www.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=139940&Depth=2&depth=2&expandheadings=on&headingswithhits=on&hitsperheading=on&infobase=statutes.nfo&record={12201}&softpage=Doc_Frame_PG42

 

[ksshin]

thanks. one more thing is that I understand that since this incident happened in NJ, I would have to file in that state? The reason is that I currently reside in Tx now and so I would have to consider buying plane tickets and other expenses involved. Can I also include these costs in my claim? and is there any other avenues? such as hiring a local lawyer to handle this situation for me?

 

[JETX]

Gee, I kind of think that has SOME relevance to the issue and it would have been nice to know that BEFORE I researched the New Jersey statutes for you!

In any case:
Q1) "I would have to consider buying plane tickets and other expenses involved. Can I also include these costs in my claim?"
A1) Probably not. Most state Small Claims provide only for monetary damages, not for the cost or expenses of litigation (over the court costs).

Q2) "and is there any other avenues?"
A2) Not really. Courts don't like 'suits by proxy'.

Q3) "such as hiring a local lawyer to handle this situation for me?"
A3) Of course you could retain a NJ lawyer to represent your interests, but you would still have to appear on the date the case is being heard.