...damages please read? I'm suing my landlord for breach of contract and seeking temporary living expenses and consequential damages so I'm told.
My problem is I'm in NJ, in NJ they allow lawyers in small claims court (BS) my landlord has a lawyer because he's a scumbag and trying mitigate his damages for his massive stupidity/negligence.
I had a binding lease signed for 3 months with security and 1st months rent paid (no provisions allowing him to breach).
On my move in day with no prior notice my landlord sends me an email saying he can't allow me to move in and he would return my deposit ASAP (he breached our binding lease).
To fast forward a bit, 3 weeks after the breach he mails back my security deposit (law says he had 5 days because he never delivered the premises). A few days later the check bounces and I make him aware. We're approaching 2 months after the breach and I still haven't been paid, landlord states he's in a financial hardship with my own money lol he'll pay me when he can. I've already filed out the paper work for small claims to get him served as of yesterday.
What we have here is a breach of contract as well as failure to return security deposit in a timely fashion, on top of that his check bounced and did nothing to resolve the issue.
Now because I never recieved my security deposit back I was unable to find new housing due to the fact I don't have the additional monies available to put a new deposit down with 1st months rent because my security is illegally being withheld.
I was forced to move back home with my parents due to lack of funds but the problem is my parents live 1.5 hours away from my full time job. Previously I lived 2 blocks from my job and my new residence was the same distance.
I'm driving 3 hours a day round trip and putting 150 miles on my car per day. I've put about 6k miles on my car as well as wasted well over 60 hours of my time driving to work because of his negligence and failure to return my deposit so I could find additional housing.
My damages are as follows:
Temporary Living Expenses
When I moved back home for 2 months my parents made me pay minimal rent, storage fees, moving expenses, and my gas I used to get to work, also I want to seek my loss of time (well over 60 hours) and the wear and tear on my car (an additional 6k miles because of his actions) and I want double my security deposit because he failed to return it in a timely fashion.
Now I realize some of these damages fall under consequential damages but honest to god all of them we're unavoidable as a result of his negligence.
If my landlord gave me notice he was going to breach I may been able to make alternative accomadation, he gave me notice on my move in day. If my landlord returned my security deposit I would have been able to move into a new place ASAP, he didn't, 2 months after breach I still haven't gotten a dime. I couldn't find a new place because I didn't have the additional funds to get a new place since my money was illegally being withheld because my landllord decided he needed to spend it.
His lawyer is going to try and damage control this case but I believe the law will be on my side if I can present the facts in the proper fashion. As I understand there's certain ways to present consequential damages and I'm wondering how to do so in this case.
I had no choice but to move home with my parents because he told me on my move in day... I was homeless if I didn't. I didn't have the money for a new place because my security deposit was never returned. I wish I didn't have to drive 3 hours to work each day but I had no choice, I feel there is no way I should be liable for these damages because they wouldn't exist if he honored the lease.
My landlord knows he's screwed and in the wrong hence why he's bringing a lawyer to small claims court to damage control.
This is my argument I would state in court, is it flawed? Could I focus more on one area and less on another? How do prove consequential damages are a must and not frivolous. I know i'm in the right here and I have the facts on my side, I just want to present a strong argument to combat anything his lawyer tries to mitigate. Honestly it's nonsense NJ even allows lawyers in small claims court I feel threatened so I'm trying to be prepared.
Thank you so much for your help!
I'm in NJ a strong tenants rights state, I believe I can get what I desire because I have receipts for everything, I just need help with how to effecitvely present consequential damages.
My problem is I'm in NJ, in NJ they allow lawyers in small claims court (BS) my landlord has a lawyer because he's a scumbag and trying mitigate his damages for his massive stupidity/negligence.
I had a binding lease signed for 3 months with security and 1st months rent paid (no provisions allowing him to breach).
On my move in day with no prior notice my landlord sends me an email saying he can't allow me to move in and he would return my deposit ASAP (he breached our binding lease).
To fast forward a bit, 3 weeks after the breach he mails back my security deposit (law says he had 5 days because he never delivered the premises). A few days later the check bounces and I make him aware. We're approaching 2 months after the breach and I still haven't been paid, landlord states he's in a financial hardship with my own money lol he'll pay me when he can. I've already filed out the paper work for small claims to get him served as of yesterday.
What we have here is a breach of contract as well as failure to return security deposit in a timely fashion, on top of that his check bounced and did nothing to resolve the issue.
Now because I never recieved my security deposit back I was unable to find new housing due to the fact I don't have the additional monies available to put a new deposit down with 1st months rent because my security is illegally being withheld.
I was forced to move back home with my parents due to lack of funds but the problem is my parents live 1.5 hours away from my full time job. Previously I lived 2 blocks from my job and my new residence was the same distance.
I'm driving 3 hours a day round trip and putting 150 miles on my car per day. I've put about 6k miles on my car as well as wasted well over 60 hours of my time driving to work because of his negligence and failure to return my deposit so I could find additional housing.
My damages are as follows:
Temporary Living Expenses
When I moved back home for 2 months my parents made me pay minimal rent, storage fees, moving expenses, and my gas I used to get to work, also I want to seek my loss of time (well over 60 hours) and the wear and tear on my car (an additional 6k miles because of his actions) and I want double my security deposit because he failed to return it in a timely fashion.
Now I realize some of these damages fall under consequential damages but honest to god all of them we're unavoidable as a result of his negligence.
If my landlord gave me notice he was going to breach I may been able to make alternative accomadation, he gave me notice on my move in day. If my landlord returned my security deposit I would have been able to move into a new place ASAP, he didn't, 2 months after breach I still haven't gotten a dime. I couldn't find a new place because I didn't have the additional funds to get a new place since my money was illegally being withheld because my landllord decided he needed to spend it.
His lawyer is going to try and damage control this case but I believe the law will be on my side if I can present the facts in the proper fashion. As I understand there's certain ways to present consequential damages and I'm wondering how to do so in this case.
I had no choice but to move home with my parents because he told me on my move in day... I was homeless if I didn't. I didn't have the money for a new place because my security deposit was never returned. I wish I didn't have to drive 3 hours to work each day but I had no choice, I feel there is no way I should be liable for these damages because they wouldn't exist if he honored the lease.
My landlord knows he's screwed and in the wrong hence why he's bringing a lawyer to small claims court to damage control.
This is my argument I would state in court, is it flawed? Could I focus more on one area and less on another? How do prove consequential damages are a must and not frivolous. I know i'm in the right here and I have the facts on my side, I just want to present a strong argument to combat anything his lawyer tries to mitigate. Honestly it's nonsense NJ even allows lawyers in small claims court I feel threatened so I'm trying to be prepared.
Thank you so much for your help!
I'm in NJ a strong tenants rights state, I believe I can get what I desire because I have receipts for everything, I just need help with how to effecitvely present consequential damages.