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Excuses!

Landlord Holding Deposit by tothepoint on September 7, 2018 @15:10

                              
Rental location is in NJ. Landlord is out of state. Landlord is asking more money over and above deposit amount. Couple of questions:

1. If tenant sues landlord does the landlord have to appear in person to Nj?
2. If landLord sues tenant, can she file in her local court in CA? Or she has to file in the court where the property is located?
3. It has been more than two months post lease end date, can she bring in anymore new issues beyond what has been submitted formally within 30 days of lease ends.
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Re: Landlord Holding Deposit by lpadave on September 8, 2018 @07:46 [ Reply ]
1. Probably, at least the initial time. Talk to a LL attorney in Nj
2. Generally the jurisdiction is where the property is located. Your lease document should speak to that.
3. Are you the LL or T. .? And do you want the tenancy to stay or vacate


What is the reason LL wants to increase deposit. .?

Generally written leases says the existing terms and conditions continue on an extension or renewal. Most leases are for a set term then go month to month as continuing on an extension.. A RENEWAL is continuing generally on the same initial term. Most GOOD leases use the specific words EXTENSION OR RENEWAL,....as those two words are very different.

At the end of the lease term, the terms and conditions can be changed unilaterally by the LL with proper written notice from LL to T if the tenancy is to continue
Re: Landlord Holding Deposit by Garry on September 10, 2018 @04:13 [ Reply ]
OP, the way I read your post, you are a tenant who has already left the rental, and the LL is asking for more money from you, above your deposit, because you left unpaid rent and/or other damages/cleaning costs, that your deposit did not cover. Is that about right?

Yes, usually, the LL or T has to sue the other in the same county the property is located in. Your out-of-state LL will probably need to hire a NJ attorney to represent her, and sue you if you won't pay the additional money you owe her. And depending on NJ LL/T laws, if you lose, you may have to pay her attorney's fees as well. You are FAR BETTER OFF if you just simply pay the LL what she wants, now, and then NEVER,EVER leave a rental owing rent, or leaving ANY damages for the LL to have to repair/clean.

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