Legal Question in Landlord & Tenant Law in New Jersey

i had a court notice to appear for rent payment on 12/21/2009. i contacted the mgr of my building that friday and advised that i cld not get the day off but i will put the rent in rent box. i purchesed money order on 12/21 at 7:30 am and then placed it in the rent box adn called her to advise. on 12/22 i received a letter stating that money order was being returned because i didnt appear in crt and now i have to pay legal fees of 280.00. im not going to pay the legal fees because the money was there before court begun.. she stated that i had to wait or lockout notice then go to court. because i no longer owe rent is it legal to be taken to court for legal fees? One thing i didnt mention she stated that she sent money order back via post office.. to date i have not received notification from post office and i have gone 2 to retrive letter w/no luck


Asked on 1/19/10, 11:56 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

If you receive a summons to go to court, you must appear in court unless a court officer tells you otherwise. Payment of the rent, will not stop the court proceeding unless the other party's lawyer agrees to that. (Lawyers are officers of the court and can obligate their clients to those kinds of agreements.) So, if there is a judgment against you for possession and you want to stay, I suggest that you hire a lawyer near you to negotiate a written agreement with the landlord that will permit you to stay. If you fail to do that, the landlord may evict you even if you pay what you think should be allocated to rent.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 1/24/10, 12:55 pm


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