Security Deposit legal fees and costs, property damage reimbursement

[emacphee]

Jurisdiction

New Jersey

I rented a premise in New Brunswick, Middlesex county NJ. for the last 6 years, the first 4 years had a great relationship with the owner til he sold it. The new owner takes possession, the first year we had to withhold rent due to her not making habitable repairs, later in the second year we noticed mold starting to consume the walls in the basement and in our apartment bathroom, we notified her in Feb. 2017, nothing was done about it and we continued to go on with our hectic busy lives until I started having upper respiratory complications which prompted us to get the city involved, she still did nothing about the situation at which point she made our lives a living hell for 6 more months back and forth 3 times in court as she tried to have us evicted in retaliation, each time unsuccessful until the finial court hearing (a habitability hearing), as the judge stated after hearing moving arguments between her and her lawyer, and us, the one thing that became clear is that the apartment was inhabitable as to claiming her acknowledgement finally of suspected mold issues along with high levels of lead. (After we were not getting anywhere and our health was compromised, we hired an EPA certified firm come and do testing for mold and lead, the result came back higher that EPA federal law allow in an apartment. this was our ace in the hole), as at the habitability hearing, the judge stated that the relocation law act would apply in this case. Her lawyer disagreed with the law and the judges decision, her lawyer replied stating that it was unacceptable, that there was an insurance claim initiated, we would be put up in a hotel and compensated for our losses until the apartment was renovated, this never happened. I filed and brought it back to court again, this time we came into an agreement on Feb. 27, 2018 with a dollar amount if we moved out by April 15, 2019 midnight, this agreed dollar amount calculated was less then half of the actual amount she owed us and disbursed in two payments, payment as reimbursement for property damage, relocation cost, security deposit, legal fees and cost, releasing her from such claims, but would not release her for any potential bodily injury claims. We received the first payment on or about March 8, 2019. On April 15, 2019 there was a structural fire in the house next door, we were ordered out of the house for three hours, after, we continued to pack and move our belongings, the landlord arrives to the property at 11:15 pm blocking the driveway and hampering our efforts in moving, finally as we made our last trip, we left our 3 dogs in the apartment and came back within 20 min or so, landlord did not wait, left prior to our return. we came back at 12:13 am took our dogs and left. the following morning she contacted our attorney whom had the remaining monies in his escrow account, stating she was entitled to that money stating we did not keep our agreement. I filed a civil action April 17, 2019 (dispute in court agreement w/defense). Our money was held up an additional 4 months til we returned to court. In this proceeding she represented her self, as I obtained council, after moving arguments and the landlord reminding the judge of the previous court proceedings, the judge went into his chambers, after an hour, court reconvened, the judge approached his bench having all the previous files and reviewed the history of the cases from the beginning, ruled on our behalf, his ruling based on the validity of the New Jersey Relocation Act Law (mandating New Jersey landlords must give 6 months of the present rent value for relocation) and that we are entitled for the balance of money in escrow for this reason and not pertaining to the dated agreement, on record stated he did not think that the agreement was still upholding as for his reason and ruling and stated as he got up, any one disagrees with my decision can take it up with the appellate court.

My question is , did the judge open the door for me to get reimbursement for property damage, return of security deposit, legal fees and costs in a new civil suit? is the original agreement upholding or no longer binding? My previous attorney asked me the outcome prior to the release of the balance of escrow money, I told him what happened, I asked him if the judge's decision left the original agreement null and void, he stated pretty much.
How can I be sure, and case laws I can use, how do I go about this?

 

[army judge]

My question is , did the judge open the door for me to get reimbursement for property damage, return of security deposit, legal fees and costs in a new civil suit?

You need to consult with a licensed NJ attorney, who is allowed time to familiarize himself/herself with your dilemma.

There is no way uninformed strangers can opine about matters they know nothing about.

I can say that whenever one has the chance to avoid becoming embroiled in a lawsuit and the court process, one should endeavor to do so.

My previous attorney asked me the outcome prior to the release of the balance of escrow money, I told him what happened, I asked him if the judge's decision left the original agreement null and void, he stated pretty much.
How can I be sure, and case laws I can use, how do I go about this?

You can hire an attorney or a law firm to review the entire case, and author you a written legal opinion about the matter.

 

[adjusterjack]

How can I be sure, and case laws I can use, how do I go about this?

What was the date of the final ruling?

If you didn't file an appeal or motion for clarification within the appropriate time limit you are stuck with that decision and the only thing enforceable would be the dollar amount of the judgment plus anything else the judge awarded. If he didn't specifically award any other dollars, your don't get any other dollars.

Talk to your lawyer. I think you'll find out that it plays out like that.

If you file another lawsuit, the defendant may get it easily dismissed under the doctrine of Res Judicata (google it) and you will have spent a ton of money for nothing.

Consider accepting what you got and getting on with your life. You've been battling this way too long anyway.

It's beyond me why people continue to live in abominable conditions with a hostile landlord and fight to stay there. You had 4 good years and in the 5th year you

had to withhold rent due to her not making habitable repairs

You should have seen the writing on the wall and there shouldn't have been a 6th year, during which you probably spent umpteen thousands on attorney fees.