Breach of Contract/ Small Claims Court - Landlord Forum thread 361035

Breach of Contract/ Small Claims Court by Anonymous (NJ) on January 4, 2021 @18:05

I am in NJ. If I sue tenant in small court, how does it work? If tenant owes 500 on date of filing and pays it after filing but again owes 600 on the trial date, will my case be dismissed by court or I can still demand 600?

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Re: Breach of Contract/ Small Claims Court by Daniel (CA) on January 6, 2021 @21:41	[ Reply ]

I would sue for whole amount and make a line item per $$ I am asking the court to award me the full amount that the defendant owes me of $600. this is itemized as follows: Defendant owes 500 for rent December 2020: of 500 Defendant owes 100 for upcoming rent due January 2021: of 100 You should have legal rights for the demand based on contract law. The amount in question is due as an equitable jurisdictional claim at the court date even though it isnt past due when filing. however, i would send a demand letter to defendant for the $100 because there is some rule that a demand should be made prior to going to court.

Re: Breach of Contract/ Small Claims Court by Jason on January 11, 2021 @06:31	[ Reply ]

In my experience, when I have taken tenants to court, the DJ typically asks me about the amount that I am requesting. This gives me the opportunity to increase the late fees, filing fees, other fees, etc. I typically hand the DJ and tenant an updated request for fees, as well as a brief explanation of how those are calculated. This is mainly only used for myself so that I can quickly look at the amounts and be able to answer WHY or HOW. For example, if I file a PAY OR QUIT and I am only asking for $80 in late fees, that amount increases daily. So unless you know exactly when your hearing is going to be scheduled, this is to be expected.

Re: Breach of Contract/ Small Claims Court