What is wrong with that old woman?

Question

I've told the landlord that for dec 2006 i will be using the security money and i'll move out in jan. now i called this woman and she's saying she's taking me to court for non payment for dec and jan 2007?. She's saying I never told her about me having a husband in the house after 7 months later. And that my husband dog messed up the front porch. i've just called her asking her where is the court at ? She said she don't know, call the courts and find out. But she told me what day and time though. Since she applied for the the landlord tenant crap, she should know which court she applied to. And she hung up in my face.I don't owe her any rent for Dec. Jan. 2nd i moved out. I've never recieved no summons or court letters for my appt. I've never signed a lease or anything with her. If i don't go since i don't know where it is, you think they'll put a warrant on me? I' 8 mths pregnant, i can't walk around town to town like that. I don't drive. What is up with her?

I haven't been served. I didn't get nothing in the mail either. And I've moved out Jan. 2, 2007, and the so called apt is on jan. 16th at 9am. and this is in Nj, Essex County.

Answer 1

Technically, you can't use security to pay rent, unless she agress. Its security, not rent. If you weren't served papers by the court, you don't have court. End of issue. The court must serve you. Its not up to her to tell you or for you to find out. If you are moving out, just move. Legally, you can have anyone move in with you. Its your home and the LL has no say. All they legally can ask for is the persons name.Thas under federal and state housing laws. She'll have to explain in court why 7 months later, she is worried about this. Dog damage? Who knows. If she has a case, you may have to pay her. Thats what the security deposit is for. He said she said. The courts will decide that. She'll have to have proof it was undamaged when you moved in. No proof, no case.
My suggestion is, forget it. You didn't break the lease. If you haven't been served, you aren't getting sued. She has the burden of locating you and she has to prove she made attempts to locate you through a process server or sheriff. You can't secret sue someone.
Lastly, you can't get a warrant for a civil matter like this. WORSE case is you somehow do miss court and they will rule in her favor by default. She will then have to get a judgement against you and go after you again in civil court. All she can do is garnish your wages, assets etc. That takes a lot of work, time and money on her part and waould not be worth the pay off she may or may not get. All she would get in a judgement is the little rent you owe, maybe some money for the floor and thats it. Few hundrerd bucks?? Then she has to pay a lawyer, process server etc.. She isn't doing anything. Forget it and don't pull the security thing anymore. Rent is not security unless agreed upon. Thats why so many LL's want TWO months security now, to prevent people from doing what you did.

Answer 2

First of all, you don't say where you live. Your local laws determine how things go.

HERE IN MICHIGAN (I am NOT a lawyer):

1. You'd never say to your landlord, "I'm gonna use the security money." That isn't valid payment. You get your security money back only after you move out and the place is in good shape. Quite frankly, never count on getting it back.

2. There is a very well defined way that your landlord would evict you. Basically, you'd get a "letter to quit" asking you to move out after 10 days of non-payment. Then, after another 15 days or so, they'd file with the courts for an eviction hearing. You'd be served papers, and would have to show up to court to show why you shouldn't be evicted. Then, after the court would order your eviction, you'd have 15 days (maybe 30) to get out. All told, it's 60 days in total.

3. This is a civil action. A "warrant" is for a criminal action. Unless leaving w/o paying rent (which is kinda sorta what you did) is a criminal act (it usually isn't) then no warrant will be issued.

4. Never, EVER rent out a place w/o a written lease. Never, EVER take a verbal statement of "you don't owe money" -- get it in writing. Your problem in this is probably causing you problems elsewhere in life -- you're too (lazy, stupid, whatever) to follow the rules, and then you get into binds like this.

Answer 3

there are usually courts assigned to each Geographical Area. Call your States information line and tell them what type of dispute you are involved in Landlord/tenant in my state this would be a Civil suit. Stress you are the tenant and that you suspect she may have disposed of any notices, as you no longer live there and she will not tell you where the court is located.
Then GO to the court and ask them to look up and see if there is a court date involving your name and the landlords name. Just my opinion, best advice is from a lawyer.
If there is no court date, you need to follow through in writing and document what you did, take names, dates and locations. Have them give you something in writing stating you were there and that there was no court date. Send a copy of all this to the court along with a letter indicating your new address stating that you want to be notified if such a suit is brought against you because you want to defend yourself. Send this letter certified, return receipt. Have no contact with the landlord, unless it is a simple request (once) to ask for the name of the court and location again sent certified, return, receipt. Good Luck

Answer 4

Whether she is right or wrong is beside the point. If she takes you to court, you will lose if you do not show up. Go to court on the appointed day (or write to the court and ask for an adjournment until after your baby is born - make sure they agree to it, do not just assume).

In court, present your case simply and keep to the facts. The facts are that you believe you do not owe her any money. She may well say that you left the property in either an untidy state or in disrepair and thus were not entitled to your full security deposit back. Make sure you can defend any accusation of that nature.

Answer 5

I am not certain in your state, but in some states you cannot use your security for a months rent, that money is used for any repairs that might be needed ( if any) You may owe her for Dec. rent.
And, if she has photos of any actual damage, other than normal wear and tear, you might not get all the security back. Hopefully you have a forwarding address with the post office so if there is any type of summons, you can be reached. Good Luck

Answer 6

Call the court house in the county seat. (Municipal court is what you want) If you don't go to court and give your side of the case, the court will decide in favor of the plaintiff. Your landlord will automatically win and you will be ordered to pay up.

Answer 7

No lease? No worries. She probably didn't do anything. The court will let you know if you've been sued.

Answer 8

From what I got out of it, she sounds like a jackass, but I have no idea what to do about it. Sry.