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    bpoe2744's Avatar
    bpoe2744 Posts: 1, Reputation: 1
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    #1

    Mar 16, 2010, 05:13 PM
    Tenent moved without giving 30 day notice, she left the place a mess, she is suing us
    She went from a year lease to a month to month she never said a thing about moving she tried to do it when our lodge was closed, she left furniture and trash through out non she is taking us to court for her security, when she left she left no forwarding address, this is in NJ
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Mar 16, 2010, 06:02 PM

    You need to file a countersuit to her lawsuit for the damages she did or left to the place. You don't need her address to do this as she has already left herself wide open filing a suit against you. You need to file a formal Answer to the Complaint and then right underneath your Answer you file your Counterclaim. In some courts you have to pay a small countersuit fee but it would be worth it as you don't have to now formally serve her with it but just file the original with the clerk's office and mail her a copy. By law she must have listed her new mailing address and phone number on her paperwork when she filed her Complaint. You should have all the info on your Complaint.

    Make up a detailed, itemized bill for all her damages she did and attach that as Exhibit A to your counterclaim paperwork.

    Then have the Judge decide if your bill for her damages exceeds her deposit. If it does, then she gets to pay additional money on top of losing her deposit money.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 16, 2010, 06:49 PM

    Lets not move so fast. There are a lot of contingencies here. You might want to check out this site: New Jersey Security Deposit Guide

    Did you comply with the rules of the law in depositing the security and giving the notices as required? Did you attempt to send an itemized statement of how you used the deposit as required by law? If you did not comply with the law governing security deposits, then you may have forfeited your right to keep it. Doesn't matter that she left no forwarding. You send it to the last known address. She may have left a forwarding with the PO, not you.

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