4 days late=non-payment suite filed

[appolonia]

i have a 1 year lease ending Oct 30 2010. I was 4 days late on my $800september rent, landlord filed suite for $1500! of non-payment of rent. Claiming late fees for September (I agree i owe this) but also for 2 previous months which is FALSE, i have receipts to prove the months he is claiming late I actually paid rent in advance for the next month. The other area he lied on in the statement was that he didn't give me an option to buy, I tried TWICE to buy the property but the contracts were shifty each time, my 2nd realtor encouraged I didn't go through. Not to mention my 1st realtor was his WIFE! I never received any type of notice to pay late rent or else etc. I was planning to pay my next xhexk, but the papers were on my door before I could. I was told by the court I can pay them to dismiss the case but I'd also have to pay October's rent,which is my security i deposit. I dont believe I will get it back if I do so. Also the company he signed the lease as was and is still OUT OF BUSINESS, does this fact have any bearings on the lease? He states in the court filing he isn't the owner just a "authorized officer" yet the business he claims owns the place is not in service the address and number listed are not true.
So once in court,I plan to pay ONLY my rent and late fee, the other fees I dont agree with. What's the likelyness of that happening?

 

[appolonia]

Also, the lease I have isn't signed by me!! It's supposed to be a duplicate. Does that mean we don't even have a lease/agreement?

 

[Gail_in_Georgia]

What does your lease say in regards to when rent is due and when it is late...and what are the late fees?

Show up in court with your rent for September and the late fees plus documentation that you paid the two previous months in advance of the deadline.

The rest of what you post...that you wanted to buy the place and it fell through for whatever reasons, that his WIFE was the realtor (?so? the current house I've lived in for the past 30 years was built by a husband contractor and shown to me by his realtor wife) and the fact that you have a duplicate copy of some lease has no bearing on any of this.

Of course if your security deposit is used for Octobers rent, you won't get this back. It's being used for rent.

Gail

 

[appolonia]

What does your lease say in regards to when rent is due and when it is late...and what are the late fees?

Show up in court with your rent for September and the late fees plus documentation that you paid the two previous months in advance of the deadline.

The rest of what you post...that you wanted to buy the place and it fell through for whatever reasons, that his WIFE was the realtor (?so? the current house I've lived in for the past 30 years was built by a husband contractor and shown to me by his realtor wife) and the fact that you have a duplicate copy of some lease has no bearing on any of this.

Of course if your security deposit is used for Octobers rent, you won't get this back. It's being used for rent.

Gail

I stated that his wife was the Realtor to show he blatantly lied on the court papers, he obviously knew(one of the questions was if he gave opportunity to purchase to tenant). My lease states rent is due on 1st,after the 10th a 10% of rent fee. Also that rent is to be due on business days. I never received a notice or chance before he filed.

 

[appolonia]

I stated that his wife was the Realtor to show he blatantly lied on the court papers, he obviously knew(one of the questions was if he gave opportunity to purchase to tenant). My lease states rent is due on 1st,after the 10th a 10% of rent fee. Also that rent is to be due on business days. I never received a notice or chance before he filed.

Also,I know I wont get my deposit back because its used for october, but the court told me to dismiss I'd have to pay what I owe,plus October rent,which would mean id have to wait for my deposit back from my landlord,which I don't believe I'll get back.

 

[Gail_in_Georgia]

The only issue that the court has to decide on is what you owe in terms of rent/late fees for September and whether you've been late on previous months. That's what you need to focus on.

I realize there's a tendency to want to toss a whole load of stuff at a judge to prove why the landlord/management has been unfair to you but it's important to remain focused on the real issue. Judges are busy people and it irritates them greatly when a kitchen drawer full of issues is tossed at them.

When is the hearing set for?

Gail

 

[appolonia]

The only issue that the court has to decide on is what you owe in terms of rent/late fees for September and whether you've been late on previous months. That's what you need to focus on.

I realize there's a tendency to want to toss a whole load of stuff at a judge to prove why the landlord/management has been unfair to you but it's important to remain focused on the real issue. Judges are busy people and it irritates them greatly when a kitchen drawer full of issues is tossed at them.

When is the hearing set for?

Gail

Your right,I understand. What about lawyers fees? He filed pre mature, never giving notice or warning, why am I responsible for something unnecessary? Can a judge rule I only pay what I naturally owe,not lawyer fee? Court is October 14.

 

[Gail_in_Georgia]

Since this involves a relatively small amount of money, this case will likely be heard in small claims court. Folks generally represent themselves in this court and thus there is likely to be no attorney fees. Court costs (i.e., filing fees) are typically added to the judgement but you can always argue that you never received notice prior to this suit being filed against you and thus these should be waived.

New Jersey tends to be a very tenant friendly state.

Gail