I used to reside in an apartment in New Jersey with my boyfriend. We moved out 2 weeks ago and the landlord has not returned the deposit back yet (he has to return it 30 days after we move out). If we end up having to sue him to get the remainder of our deposit back, there are some issues we need to figure out. My boyfriend is the one who's name is on the lease; however, he is in India. If I need to take our landlord to court, how do I get power of attorney from my boyfriend to enable me to do so? Also, I now live in New York and I'm not sure where my landlord lives. Should I sue him in the state of NY or NJ? Thanks!
He would have to go to a lawyer and get a POA drawn up that states you can persue any legal action needed for this, a lawyer would be able to help you out with that. I don't know exactly how recognized by our courts a POA from India will be (he can always go the American Embassy and speak with them to get one if he's a US citizen). Your going to have to sue him in NJ court (probably in the county the house was in). You would just use the last known address you had for him. If I were you, I would go consult a lawyer that gives free consults now to see what can be done. NJ may or may not allow attorney's fees to be covered in the amount sought. And they may or may not have a statue that says the landlord may be required to pay 2-3 times the amount owed of the deposit (some states say the landlord will owe 3 times the amount if not paid back by the set time). He will probably also be required to keep an accounting record of any money not given back to you so he can prove he spent it on repairs, etc.
Woah. No need to worry about having to sue at this point. You have two more weeks before you should have any reason to think that will be necessary. Life is much easier when lawyers are not involved. Tom
The landlord still got another 16 days to return your money so don't worry too much, hope for the best. but if he doesn't then you will have to take him to court in NJ. as much as I hate lawyer I'd suggest that if after about 5 weeks you still haven't got your money back pick up the phone and call the ny state bar (nysba.org). they will be able to tell you what you exactly need to do and they usually don't charge for legal advise. Good Luck!