Legal Question in Landlord & Tenant Law in New Jersey
Need help ASAP! Summon's issued for default on last month's rent
I moved out of my apartment one month early and (incorrectly) thought it was ok to simply use my security deposit as my last month's rent payment. I was contacted by my property manager and was told that this was not acceptable and that payment would be needed. I agreed to an amount over the phone and was told that a bill (including agreed-upon late charges) would be sent in the next couple of weeks. Instead of a bill, however, I find that a summons (for tomorrow!) was sent in the mail. Do I have cause for not having to pay the additional fees (court costs, lawyer's fees, etc.) because a) arrangements had already been made and b) I recieved the summons the day before the court date (the notice was sent to my old rental address and forwarded via US Mail, not reaching me until today). The Courthouse is obviously closed for the day, and does not have a machine-line. Should I drive the 3.5 hrs. to the court, call in the morning, or attempt to call the lawyer handling the case?
1 Answer from Attorneys
Re: Need help ASAP! Summon's issued for default on last month's rent
I would call both tomorrow morning if you cannot go to the court. Otherwise make a Motion to Vacate the Default Judgment explaining how you got the notice only 1 day before the trial date and could make it to court on such short notice (not enough time to take off of work for example).
If you have left the apartment, you have to review your lease to determine what costs and attorney fees your landlord may be entitled to (the key word being may). Even if the landlord has written into the lease the recovery of attorney fees and costs, the judge may not award those.
If you are still in the apartment, the landlord may be simply suing you for non payment of rent and you will be able to remain in the apartment if you pay the rent outstanding, costs of court and attorney fee (if the judge awards that fee, he/she may not award the attorney fee).
Good Luck
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