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Re: Realities of Landlord-Tenant Court in Hudson County? Or, my Kafkaesque Rental Nightmare
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jerseymom provided SOLID advice. Her advice is applicable to any court appearance, too. Too many people/witnesses get into trouble while testifying by talking too much. Wanting to explain yourself and present a complete thought is such a basic human tendency, especially under pressure. But, when it comes to a court of law, it is the absolute opposite of what you should do. Answer ONLY the question being asked. Perfect example: If you are asked "do you know what time it was?" you should answer "yes". Not, "yes, it was 11:30 PM". If someone wants you to state the actual time, they will ask that question. Train yourself to answer only what you are being asked, using the least amount of words. And, definitely leave out (to the extent possible) any signs of emotion. You will not get points for flamboyance or displays of emotions. The judge has seen it all. They want the facts, and to keep things moving along.

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jerseymom wrote:
Here is some advice based upon my experiences:

1. LISTEN to the judge and answer ONLY the questions he/she asks as briefly and unemotionally as possible. If he asks you to state a date something happened, just state the date. Don't pontificate on everything else around the date. Respect goes a long way - dress appropriately and remember to say "your honor."

2. ANSWER the questions asked. If the judge asks you about the condition of something, you can offer that you have photographs. The judge may or may not want to see them.

7. KEEP YOURSELF ON TOPIC by preparing a few key bullet points which you keep in front of you. Refer back to them.

The best advice is to stay on topic, answer questions succinctly, don't whine or sound too emotional, and state your case clearly and professionally.


Posted on: 2014/11/18 13:23
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Re: Realities of Landlord-Tenant Court in Hudson County? Or, my Kafkaesque Rental Nightmare
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Thank you, very much, for the insight. I will definitely follow all of your advice!

Posted on: 2014/11/18 12:54
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Re: Realities of Landlord-Tenant Court in Hudson County? Or, my Kafkaesque Rental Nightmare
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Hi Kim,

Sounds like you're going through a lot. It's good that you've been keeping good records and photos. Your potential negative is not paying your rent (or establishing an escrow account with an attorney in lieu of paying rent). Non payment of your rent, even for the best of purposes, can trigger legal action.

All is not lost though. I've been in the LT court a few times. They are extremely fair and it's a well run and professional unit.

At first, you may have the benefit of having some time to mediate with the owners with a professional mediator. Every time I've been to court, they've given me this option. They take you into a private room and you try to hash out your differences. Don't be pressured into any type of settlement or resolution that isn't fair to you. Compromise is good. Capitulation is not.

You still have a right to be heard by a judge if mediation doesn't work out.

Here is some advice based upon my experiences:

1. LISTEN to the judge and answer ONLY the questions he/she asks as briefly and unemotionally as possible. If he asks you to state a date something happened, just state the date. Don't pontificate on everything else around the date. Respect goes a long way - dress appropriately and remember to say "your honor."

2. ANSWER the questions asked. If the judge asks you about the condition of something, you can offer that you have photographs. The judge may or may not want to see them.

3. MAKE SURE all your paperwork is organized and ready to present. Put sticky notes at the top so you can see quickly and easily what each document is. Make sure everything is accessible and not stuck in binder you have to open and close.

4. BE READY to show the judge that you're not a deadbeat and you're ready to pay all back rent. Bring a bank statement if you have to showing the rent amount due is in your bank account. Be ready to write a check to satisfy the rent due.

5. STRESS to the judge it would be an extreme hardship to be evicted. Be ready to explain, as briefly as possible, why.

6. BE PREPARED for last minute cancellations and date changes. Even when you take the day off work and are sitting in the court room, your case could be postponed. It happens.

7. KEEP YOURSELF ON TOPIC by preparing a few key bullet points which you keep in front of you. Refer back to them.

The best advice is to stay on topic, answer questions succinctly, don't whine or sound too emotional, and state your case clearly and professionally.

Be ready for your opponent to lie, too (it's happened to me). Don't go nuts, just state your rebuttal and back it up with evidence. Be respectful to the judge ("your honor").

You will find that the court is there to help settle the dispute, not be a punitive force.

Good luck and please let us all know how it works out!


Posted on: 2014/11/17 20:23
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Realities of Landlord-Tenant Court in Hudson County? Or, my Kafkaesque Rental Nightmare
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Has anyone been through Hudson County LT Court? I've been a Downtown renter for over a decade and this will be my first experience. Have done a ton of research, but was hoping someone had "real life" advice.

Essentially, LL is a large company that has been discussed here. In February, our front steps collapsed and they put in temp steps until spring when it was warm enough to work. That revealed that our facade pulling away from the front of the building, significantly -- over 2 in between brick and my front window, bricks at the bottom crumbling. Over the winter, due to that and poor insulation during renovations, we paid outrageous heating bills ($285-350/month).
In May, knowing that these things take time and this is a massive project (rebuilding the steps and facade), I started pleading for work to commence before the cold set in, forcing me to pay even higher heating bills. Again, I was put off.
In June, I called Construction Code, who issued a dangerous living conditions violation. They got the architect and engineer out to draw up plans, but no work commenced, claiming further delays that turned out to be untrue.
In late September, I emailed (and was acknowledged) that due to these conditions and lack of work, I would not be paying rent until our facade and steps were fixed, due to them forcing me to pay higher heating bills. Suddenly, scaffolding went up and that was all.
Meanwhile, the building has gotten worse. Their surveyor came out and said the problem was "much worse" than he was told due to "their long-term neglect." (The original permit application for the facade that was never acted on goes back to '08.) During all of this, there have been many, many email exchanges to the LL notifying them of the progressive degeneration.
This month, I sent them a long letter pointing out the code violations and they have forced us into a partial constructive eviction situation. I made it clear that I would start paying again once the building was up to code. Construction came out again and they failed a subsequent inspection.
I received a boilerplate message saying that they would be commencing eviction proceedings for non-payment. I wrote back saying that I was more than willing to find a compromise. I think knocking off a certain amount to accommodate my increased heating bills is fair. Instead, I found out today that they are commencing a Non-Payment eviction.

I know that in NJ, there is a non-payment hearing and then (if there are grounds for it), a rent abatement hearing. I'm hoping I have grounds for this?
I've lived in many apartments but have never had to deal with anything of this magnitude. I have a ton of emails, photos and other proof but am concerned I'll be scrambling to not be on the street.

Thanks.

Posted on: 2014/11/17 19:03
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