QUESTION
How much am I responsible for in damages can landlord be responsible for neglect etc
Asked on Jan 23rd, 2013 on Landlord and Tenant Law - New Jersey
More details to this question:
Tenant moved in apt Sept 2012, needed repairs after 1 wk. Landlord did not make repairs. Landlord taped letter to door terminating lease after 2 months, called it eviction re: stains on carpet. Lights/power were shut off one night, Landlord seeking $1,000.00 in damages because of carpet, a reasonably dirty stove, tape marks on windows, detached bathroom door from top hinge & burn mark the size of a quarter. I did not trust Landlord to refund security deposit so I lived out security deposit. Damages were by accident. Tape on windows was from hurricane sandy, to protect windows. More details to story, need representation, DO NOT HAVE ALOT OF MONEY. Looking for pro bono or inexpensive lawyer - please respond asap, court date January 29. (908) 884-4188. Thank you.
1 ANSWER
Landlord and Tenant Law Attorney serving Toms River, NJ
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Carluccio, Leone, Dimon, Doyle & Sacks, L.L.C.
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You seem to have a number of issues. First, your landlord may not forcibly remove you without first obtaining a judgment of possession through the landlord/tenant court. As far ass "terminating" the lease, the landlord may not so do unless it is for an enumerated "good cause" in accordance with the NJ Anti-Eviction Act. Certain "causes" requires you to have been provided with notice and an opportunity to cure the offending conduct while eviction for non-payment of rent may be filed immediately and without prior notice. Second, the landlord may not try to forcibly remove you by turning off your utilites. I strongly suggest you contact your local authorities as it is a disorderly persons offense to turn off utilities in an attempt to evict a tenant (and the landlord refuses to turn them back on after being instructed by a public official to do so). I strongly suggest that you communicate with an attorney for assistance in this matter. Good luck.
Answered on Feb 14th, 2013 at 4:10 PM