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Old 11-15-2014, 02:25 AM
 
3 posts, read 2,624 times
Reputation: 15

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A prior tenant is sueing me for return of the part of her security money that I withheld due to having to replace carpet. Her dog urinated on it for 2 years and Stanley Steemer verified on their cleaning invoice that they advised that the carpet be replaced due to being so saturated with urine. This information is in Small Claims Court along with her suit paperwork and the CRR letter I had sent her complying with NJ law outlining why I withheld some of her security money. She cashed the check I sent her for the other part.

My problem is that I live in Florida and small claims court paperwork states that I must be in NJ small claims court within 10 days! Airfares are very expensive last minute and I can't drive that far.

The money in question is $1,900. I think hiring a lawyer would "eat that money" up quickly.

I am afraid the court will just give her the judgement if I don't appear in NJ court.

Advice appreciated.

Thanks
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Old 11-15-2014, 02:34 AM
 
35,094 posts, read 51,364,479 times
Reputation: 62670
You do have several options which you have already outlined:

Give the renter back the entire deposit and be done with it.
Hire an Attorney to represent your interest.
Go to small claims court yourself.
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Old 11-15-2014, 11:42 AM
 
Location: New Jersey
11,385 posts, read 16,769,363 times
Reputation: 13477
Quote:
Originally Posted by btmrt2 View Post
A prior tenant is sueing me for return of the part of her security money that I withheld due to having to replace carpet. Her dog urinated on it for 2 years and Stanley Steemer verified on their cleaning invoice that they advised that the carpet be replaced due to being so saturated with urine. This information is in Small Claims Court along with her suit paperwork and the CRR letter I had sent her complying with NJ law outlining why I withheld some of her security money. She cashed the check I sent her for the other part.

My problem is that I live in Florida and small claims court paperwork states that I must be in NJ small claims court within 10 days! Airfares are very expensive last minute and I can't drive that far.

The money in question is $1,900. I think hiring a lawyer would "eat that money" up quickly.

I am afraid the court will just give her the judgement if I don't appear in NJ court.

Advice appreciated.

Thanks

I'm guessing the most they can do is put a judgement against you if you have monetary assets in NJ, but speak to an attorney first.
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Old 11-15-2014, 12:22 PM
 
4,289 posts, read 10,792,342 times
Reputation: 3811
Quote:
Originally Posted by CSD610 View Post
You do have several options which you have already outlined:

Give the renter back the entire deposit and be done with it.
Hire an Attorney to represent your interest.
Go to small claims court yourself.
That more or less sums it up.

I would send an attorney and provide them with the proof that the carpets were destroyed due to pet urine. Cant imagine it costing anywhere near $1900 to defend against this.
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Old 11-15-2014, 06:43 PM
 
3,244 posts, read 5,252,695 times
Reputation: 2551
Quote:
Originally Posted by btmrt2 View Post
prior tenant is suing me for ... security money that I withheld due to having to replace carpet. ... Stanley Steemer verified on their cleaning invoice that ... the carpet be replaced due to being so saturated with urine. ... Small Claims Court along with her suit paperwork and the CRR letter I had sent her complying with NJ law outlining why I withheld some of her security money. She cashed the check I sent her ... I live in Florida and small claims court paperwork states that I must be in NJ small claims court within 10 days! Airfares are very expensive last minute and I can't drive that far. The money in question is $1,900. I think hiring a lawyer would "eat that money" up quickly.
Call the Bar association in the county where you are being sued, and ask for a referral to a Landlord-Tenant lawyer. They have lists. A brief phone consultation based on the above should be free or nominal. Be prepared to fax/email the paperwork during the consult.
New Jersey State Bar Association - Lawyer Referral Service
Is your case in Small Claims Court?
http://www.judiciary.state.nj.us/glo...dept/civil.htm
"Small Claims handles cases in which the demand is not more than ... $5,000 if the demand is for the return of a tenants security deposit."

Last edited by bigjake54; 11-15-2014 at 06:52 PM..
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Old 06-07-2015, 12:53 PM
 
3 posts, read 2,028 times
Reputation: 10
Do you have someone here you trust and is knowledgeable enough to go for you? If so, give them a limited power of attorney to act as your agent in this matter and compensate them with a gift card for dinner.

You could also respond to the court that you now live out of state and that it would be a hardship to get there in that time period (due to health and financial reasons) and ask that the hearing be pushed off for a few months so you can make the proper arrangements.
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Old 06-08-2015, 07:33 AM
 
1,957 posts, read 3,341,321 times
Reputation: 1207
Quote:
Originally Posted by btmrt2 View Post
A prior tenant is sueing me for return of the part of her security money that I withheld due to having to replace carpet. Her dog urinated on it for 2 years and Stanley Steemer verified on their cleaning invoice that they advised that the carpet be replaced due to being so saturated with urine. This information is in Small Claims Court along with her suit paperwork and the CRR letter I had sent her complying with NJ law outlining why I withheld some of her security money. She cashed the check I sent her for the other part.

My problem is that I live in Florida and small claims court paperwork states that I must be in NJ small claims court within 10 days! Airfares are very expensive last minute and I can't drive that far.

The money in question is $1,900. I think hiring a lawyer would "eat that money" up quickly.

I am afraid the court will just give her the judgement if I don't appear in NJ court.

Advice appreciated.

Thanks
See if she will settle for returning half the deposit. If you don't go to court, you will get a "default judgement" against you for the full amount. An attorney will cost at least $500 to review the suit and to go to court for the day. Airfare can probably be had for $500 or so and you can go there and present your evidence. Either way you're out of pocket at least $500. If I could get her to accept $900 I would and move on, but up to you how important this.
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Old 06-08-2015, 07:44 AM
 
Location: Randolph, NJ
4,073 posts, read 9,000,282 times
Reputation: 3262
Quote:
Originally Posted by BuddaRoll View Post
Do you have someone here you trust and is knowledgeable enough to go for you? If so, give them a limited power of attorney to act as your agent in this matter and compensate them with a gift card for dinner.

You could also respond to the court that you now live out of state and that it would be a hardship to get there in that time period (due to health and financial reasons) and ask that the hearing be pushed off for a few months so you can make the proper arrangements.
looks like OP hasn't been back since their only post last Nov.
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