knightmaer
New Member
New Jersey
I have not payed my rent since December 2008 because the house is uninhabitable. Mold, standing water in basement, leaks in roof, and alot more. The Landlord told me nothing can be fixed live with it.
Sping comes and more rain worse conditions, mosquitoes breeding in the basement now. I call health department no help. I call Code Enforcement no help.
I start looking for a place to move in April. Cant afford it yet but soon I can get out of this craphole. Landlord files in civil court for rent owed. I answer stating damages to my personal property, conditions, violations, and the fact that she has stolen my security deposit, etc
More rain, trees falling, leaks, bugs, *mold call Code Enforcement again. Find out the Landlord has no CCO.*
I get a phone call from Landlord thanking me for the fines and for calling code enforcement.
Landlord files eviction complain.
Code Enforcement fails her for alot......gives her 14 days to correct everything because she has tenants.
Landlord does nothing to repair anything except take down a tree that was on the list from Code Enforcement. Landlord hires morons who drop tree onto house causing more damage to house and my personal property. I take video and pictures of damage to use in court two days later.
I'm a schmuck and court is not two days later but next day.*
I miss court. Default judgement issued.
I file a motion to vacate the default judgement based on:
1 The Landlords misconduct is in violation of the REPRISAL LAW N.J.S.A. 2A:42-10.10 through 10.14.*
2 The Landlord has never provided us with a copy of the Landlord Certificate of Registration as provided in N.J.S.A. 46:8-29
3 The Landlord has removed the security deposit from the financial institution and used it in violation of N.J.S.A. 46:8-25.
4**The Landlord has mistakenly added Late Fees and Electric charges to the Certification by Landlord, there is no written lease including these charges as part of the rent. (Cite: APPENDIX XI-S Landlord/ Tenant Pre-Calendar Call Instructions. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease.)
*
Anyone in NJ have an idea if this was done correctly and if I have a chance of this judgement being vacated.
I have not payed my rent since December 2008 because the house is uninhabitable. Mold, standing water in basement, leaks in roof, and alot more. The Landlord told me nothing can be fixed live with it.
Sping comes and more rain worse conditions, mosquitoes breeding in the basement now. I call health department no help. I call Code Enforcement no help.
I start looking for a place to move in April. Cant afford it yet but soon I can get out of this craphole. Landlord files in civil court for rent owed. I answer stating damages to my personal property, conditions, violations, and the fact that she has stolen my security deposit, etc
More rain, trees falling, leaks, bugs, *mold call Code Enforcement again. Find out the Landlord has no CCO.*
I get a phone call from Landlord thanking me for the fines and for calling code enforcement.
Landlord files eviction complain.
Code Enforcement fails her for alot......gives her 14 days to correct everything because she has tenants.
Landlord does nothing to repair anything except take down a tree that was on the list from Code Enforcement. Landlord hires morons who drop tree onto house causing more damage to house and my personal property. I take video and pictures of damage to use in court two days later.
I'm a schmuck and court is not two days later but next day.*
I miss court. Default judgement issued.
I file a motion to vacate the default judgement based on:
1 The Landlords misconduct is in violation of the REPRISAL LAW N.J.S.A. 2A:42-10.10 through 10.14.*
2 The Landlord has never provided us with a copy of the Landlord Certificate of Registration as provided in N.J.S.A. 46:8-29
3 The Landlord has removed the security deposit from the financial institution and used it in violation of N.J.S.A. 46:8-25.
4**The Landlord has mistakenly added Late Fees and Electric charges to the Certification by Landlord, there is no written lease including these charges as part of the rent. (Cite: APPENDIX XI-S Landlord/ Tenant Pre-Calendar Call Instructions. If a default is entered, then the landlord must file an affidavit or certification, which must include the facts necessary to get a judgment for possession and a statement that all charges and fees are permitted by law and the lease.)
*
Anyone in NJ have an idea if this was done correctly and if I have a chance of this judgement being vacated.
