Need a lawyer to collect from landlord

Submitted by Slight_Paint4487 t3_xuuthk in jerseycity

Does anyone have any lawyer recommendations?

I live in a rent controlled apartment. In July filed a petition with the Landlord/Tenant city office because I found out I was paying for the hot water in our apartment while our lease says the landlord is responsible for it.

A few weeks ago the city finally responded with their decision that yes my landlord owed me money for the hot water, and the fees charged for late payment are illegal because rent controlled apartments have limits to what they can charge for late fees. The other thing the city discovered was that the landlord has raised the rent to just under double what they are legally allowed to charge.

If you're unfamiliar -- a landlord has to submit a request with the city to raise rent on a rent controlled apartment and it's pegged to the consumer price index to limit how much they can raise it.

So, my landlord had a spotty record of submitting these over the last 10 years. The city decides that legally they can only be charging me about 1/2 of what they currently are. They inform me that after the appeal window which ends today the landlord has 30 days to pay me the difference in what I paid/should have paid, and what I'm owed for the hot water bill.

Today the property management says that they are going to appeal -- it's the last day they can. I have a lawyer friend that has been advising me on options and what to expect through the process. I plan to wait until the city responds to the appeal after it's been formally submitted. But, to maybe save myself the headache and time it will take to fight for this I'm considering just finding a lawyer to help me with it.

Also if you’re living in a rent controlled building (check if you are) and paying what about average rent for nice places, maybe check if your rent is actually legal.

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vocabularylessons t1_iqymrax wrote

Reach out to Councilman James Solomon's office. He's been pretty active in this area of policy. His office can likely direct you to some good resources.

I had a similar issue with Phoenix Properties, I was being charged way too much for my rent controlled unit. But ultimately I didn't have the time and energy to bring a case.

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Slight_Paint4487 OP t1_ir0l9yb wrote

Thank you. I think I heard he did a canvass of his district to inform every tenant in a rent controlled apartment that they are in one and what that means.

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Cuprunnethover2022 t1_iqy4fpr wrote

Can you figure out what the landlord owes you....let's say it is $800 (or whatever) and then deduct that from your next rent payment?

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Slight_Paint4487 OP t1_iqy77cy wrote

The city said I can after the appeal period +30 days. But they are filing an appeal and I don’t really want to just risk not paying rent and put that target on my back without a courts decision first.

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GPanda07 t1_iqygiyy wrote

When you engage counsel, it may also be wise to consider the option of settlement - maybe landlord will be more keen to voluntarily pay if you are represented by counsel. As your lawyer friend may have already told you, litigation can sometimes be costly and time consuming so just keep that option in mind. Not sure how things work in NJ but I assume you still have to go to court to obtain an enforceable judgment. Good luck and I hope you get a good lawyer to help you out!

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Slight_Paint4487 OP t1_ir0l0qj wrote

Thanks. He did give similar advice. Basically said if the landlord would be on the hook for legal fees then might be worth it for me and counsel to fight for every dollar, but also consider getting a good chunk and sooner. It’s found money so I’m not stuck on getting every dime I guess.

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Positive_Debate7048 t1_irf729u wrote

Might just be an issue for small claims court. If it’s under 1.5k it’s not going to be worth it to go through a lawyer.

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Slight_Paint4487 OP t1_irfhdvx wrote

Well over that. Basically 1/2 of two years of rent.

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Positive_Debate7048 t1_irfrq4i wrote

NJ small claims court allows for claims of up to $5000. If that option is available to you it will be much easier than retaining a lawyer and going after your landlord. If the amount is over 5k, good luck because it’s going to be a long and costly legal battle.

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