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View Full Version : Getting deposit while in Canada - how??


gusrodulfo
12-09-2007, 08:16 PM
I left my apartment in New Jersey last Aug. 28, 2007 and migrated to Canada as a permanent resident that same day. I fulfilled all my obligations to my landlord before i left including giving a forwarding address in Canada where the cheque can be sent.
Up to this day, December 2007, my landlord has not returned my security deposit of $800. I've made several long distance calls and sent letters from Canada but with no positive action/response from him. He reasoned out that he has personal problems (sick relative) and promised to send me the cheque once he gets over it.
At this point its impractical for me to go to New Jersey (airfare/hotel costs etc..) and personally pursue legal options thru small claims court.
Under my circumstances, what are my options in getting back my security deposit?
Appreciate inputs.

stan03
12-09-2007, 08:36 PM
You should contact a real estate lawyer in NJ. Assuming you have all your paperwork (copy of lease, cancelled checks for payment of rent etc) a lawyer can file a complaint in Superior Court, Special Civil Part, against the landlord. If your proof is strong and your lawyer knows what he is doing you can probably win the case on a "summary Judgment Motion" which means you will not have to show up to court for a trial. Also, if the court finds the landlord wrongfully withheld your security depsoit the court will award you double the security deposit plus reasionable attorney's fees. Let me know if you have anymore questions.

gusrodulfo
12-11-2007, 09:54 PM
Thanks Stan03 for your inputs.
Do you think there will be lawyers out there who would take this case and wait for it's resolution before accepting lawyer's fees?

stan03
12-12-2007, 04:47 PM
If you have necessary documentation then I think you have a very strong case. The law allows attorneys fees to be paid be landlord if he loses so a knowledgable lawyer should take case with no fees up front. You may have to shop around a little for a lawyer and you should search the web to search for lawyers that practice landlord tenant law in NJ.