T
THEDRAGON
Guest
nj tenant, senior (71) renting same apartment in a 33 unit rent controlled (5% max/yr) complex, no owner living on property, annual signed lease since moving in 10/1973. 73 owned by individual who made tenants pay in cash for all rents/sec dep/+ increases directly to onsite super a written receipt given. in 1977 title tranferred to a corporation. 1975-1983 rents etc then pd by check to corp & picked up by diff person until he was reported missing & yrs later declared dead. a daughter inherited property & just happens to be a partner in the property management co for complex. in march 2001 mgmt co informed tenant they had no rcrd of her ever giving a sec dep & demanded 1-1/2 mths. tenant had pd a 1mth sec dep in 9/1975 but like most, thought recrds only needed to be kept for 7 yrs. so tenant could not prove pymts made, but an entry in the super's log bk for $164.45 dated 9/1975 for her was found, they finally accepted this but only gave tenant a cr of $55.55 for accurred int for 1975-2001. what a joke!
on 6/1/01 tenant informed owner (via certfd mail) that they were in violation of the nj permanent statues title 46 property 48:8-19 law & tenant was applying the remedy prescribed by the sec dep law the credit amount due tenant, $732.11 (used aver of 5% per yr) would be deducted from rents until cr was pd in full (june & part of july's rent was affected) & that the current owner could never ask tenant again for a sec dep. they never would comment or acknowledge this law & returned july's ck stating partial pymts not accepted & demanded pymt for past due rents + late fees. wks later tenant sent another ck for july for same amt & it was accepted. tenant doesn't remember orig rent & sec dep amts pd but found a copy of ck written 10/15/81 for the sec dep incr ($13.29) tenant always pd the asked annual rent incr from 74-present & on sec dep incr, tenant pd asked amt starting in 1974 up to 1982, they never asked again until 3/2001. tenant's current lease ends 4-30-2002 & currently pays $529.20/mth for rent.
tenant recd a summons to appear in the special civil part court on 10/18/01 from owner for past due rents + late chrgs. the summons was dated 9/25 & just put thru tenants mail slot 11 days later. No attempt was ever made to deliver in person.
Is it legal to wait 11 days and also not hand deliver to defendant?
Who has the burdon of proof for pd amts?
Can tenant counter sue for all costs incurred due to this dispute,
& possibly for harrassment, pain & suffering?
tenant has an excellant record, always pays on time, quiet, clean & never complains. my mother has no family in nj, limited income, high blood pressure & VERY frightened to appear in court. I wrote all letters for her so far but I am in calif & unable on such short notice to go to court with her. I believe the owner broke the law and is hoping she will move out because rent could then be increased greatly. a few mths ago I spoke w/an attrny at legal aid & he confirmed what I stated about the law but they are limited to # of cases they can take. The onsite super. will not help my mother & verify that she moved there in 1973 not 75 as stated by them or with anything else re this matter, he doesn't want to lose his job or apartment. I believe an answer to this summons can be done by filing the necessary form with her statement about charges but this has to be in the court on Monday 10/15! what do you think of this approach?
Can tenant pay amount asking so she doesn't have to appear in court next thursday and then counter sue for those amounts at a later date & anything else?
NEED ADVISE ASAP! THANK YOU.
on 6/1/01 tenant informed owner (via certfd mail) that they were in violation of the nj permanent statues title 46 property 48:8-19 law & tenant was applying the remedy prescribed by the sec dep law the credit amount due tenant, $732.11 (used aver of 5% per yr) would be deducted from rents until cr was pd in full (june & part of july's rent was affected) & that the current owner could never ask tenant again for a sec dep. they never would comment or acknowledge this law & returned july's ck stating partial pymts not accepted & demanded pymt for past due rents + late fees. wks later tenant sent another ck for july for same amt & it was accepted. tenant doesn't remember orig rent & sec dep amts pd but found a copy of ck written 10/15/81 for the sec dep incr ($13.29) tenant always pd the asked annual rent incr from 74-present & on sec dep incr, tenant pd asked amt starting in 1974 up to 1982, they never asked again until 3/2001. tenant's current lease ends 4-30-2002 & currently pays $529.20/mth for rent.
tenant recd a summons to appear in the special civil part court on 10/18/01 from owner for past due rents + late chrgs. the summons was dated 9/25 & just put thru tenants mail slot 11 days later. No attempt was ever made to deliver in person.
Is it legal to wait 11 days and also not hand deliver to defendant?
Who has the burdon of proof for pd amts?
Can tenant counter sue for all costs incurred due to this dispute,
& possibly for harrassment, pain & suffering?
tenant has an excellant record, always pays on time, quiet, clean & never complains. my mother has no family in nj, limited income, high blood pressure & VERY frightened to appear in court. I wrote all letters for her so far but I am in calif & unable on such short notice to go to court with her. I believe the owner broke the law and is hoping she will move out because rent could then be increased greatly. a few mths ago I spoke w/an attrny at legal aid & he confirmed what I stated about the law but they are limited to # of cases they can take. The onsite super. will not help my mother & verify that she moved there in 1973 not 75 as stated by them or with anything else re this matter, he doesn't want to lose his job or apartment. I believe an answer to this summons can be done by filing the necessary form with her statement about charges but this has to be in the court on Monday 10/15! what do you think of this approach?
Can tenant pay amount asking so she doesn't have to appear in court next thursday and then counter sue for those amounts at a later date & anything else?
NEED ADVISE ASAP! THANK YOU.
