Hi I had an oral agreement with a former neighbor of mine to become roomies (the old landlored wouldn't repair either of ours apartments, we lived in New York when we made the agreement & she wanted to move to new jersey), paying 40% of her rent for 6 months. 3 days after moving in (and after I paid 75% of the moving cost because she couldn't afford to pay anything more)she received her rental agreement in the mail in which she decided to finally read thus deciding then, she wanted a written agreement from me. I refused to sign & was abruptly told I had to move out by weeks end. The next evening I received a voicemail stating that she'd found a lock I installed on my door and that this was in her & her attorney's opinion a voilation of our agreement therefore giving her the right to lock me out & that if I came home she would call the police. 2 days later I broke in and moved my things do I have legal recourse for damages? It was very expensive to move twice in 1 week & 8 months later I still haven't received my rent back & who has jurisdiction ny or nj?

Yes, this was an illegal eviction. So you do have grounds for a suit. Putting a lock on an interior door could have violated the agreement, but you should have been given time to repair the breach. Locking you out was illegal.

Of course breaking in was also illegal. You should have gone there with the police to get you in. And that may work against you

Jurisdiction will be where the rental is.

Hey thanks for answering I called the cops in nj they came and said since there was no physical altercation they weren't sure what I should do and since all I could do on such short notice was put my things in storage across the street which closed @ 6pm and she didn't get off until 8 I felt I had no choice ps the phone call I received the day before from her instructed that I would only be allowed the next morning to get my things and when I'd arrived she wasn't there. I'm suing for damages because I lost out on other apartments I'd applied and was accepted for before I considered her offer and had to hire a moving company twice in one week can I sue for damages?

Yes, you can sue for any expenses related to the illegal eviction, moving expenses, storage expenses cost of temp housing, etc.

Thanks scottgem! I go to court in 2 days just wondering because her lawyer's threatening to delay the process claiming that ny doesn't have juridiction and that she wasn't served properly even though she received not one but two serves from 2 different individuals and a card from the court stating she had to come in! Thanks again!

I'm suing someone in civil court and recently she's obtained an attorney who has sent me a 4 page letter breaking down how he's going to delay my case between juridictions and make me hate the legal system. Is there someone whom I can write to put this pit bull back in his cage?

I'm assuming you don't have a lawyer. I would suggest getting one. If you are representing yourself, in which case I would still find a lawyer and showing them the document. To be honest it sounds like that lawyer is stupid if they are outlining in a document how they are going to block you. If you have a lawyer the can handle it. And since they other lawyer was so nice to provide you their battle plan then your lawyer should easily block them.

Good luck and keep us posted.

You need to hire an attorney to explain to him what is going to happen.

Next did you verify this was a real attorney, I am surprised they would detail their case to you.

But no attorneys use the legal system to destroy and bet down the other side, using the tricks of the legal system, using motions, change venues, asking for new court dates and more are common and often used tricks to try and wear down the other side.

My last law suit with an insurance company took almost 10 years to finally get into a court room, where they wrote me a check before the case was called.

So as long as everything they said they would do is legal and within the aspects of this type of law suit, there is nothing wrong with him telling you this. He can not lie to you, but he can tell you how he plans on making your life hell.

I work in the legal system. It is not unusual, when trying to work out a settlement, to send the other side a letter explaining tactics but not revealing evidence.

If in fact it's a threatening letter you don't need an Attorney - you need to go right to the Bar Association.

My feeling? It's a "this is what could happen" letter.

Is this small claims court?

P.S. I merged your two threads since they all bear on the same issue.

Thank you all so much I will keep you posted!! Ps I personally think her lawyer's trying to buy her some time because she couldn't afford the rent in the 1st place but will see if I can get some leagal advice even though I'm still recovering financially also