Special civil amount

Bankruptcy 5 views 4 answers
hi, I am a landlord suing for non-payment of rent. I have asked for an amount when i filed the lawsuit. SInce then the amount has increased. When I go to trial, can I inform the judge that of that amount or will I have to amend the complaint or will the judge grant me maximum of the amount I asked and nothing more...pls advice

Attorney Answers

4
Adam LefkowitzReal Estate AttorneyEast Brunswick, NJ ·
Suing a non-paying tenant for rent presents a serious practical dilemma. If the tenant has not been paying rent, how will the tenant find money to pay the court's judgment? If the tenant doe snot have money, will you spend more of your time and money trying to levy on their assets? Depending on the particular facts of your situation, a more practical approach might simply be to sue for eviction, after which you can rent the unit to a more financially secure tenant. Of course, my answer is given without knowing all of the facts of your case, and may change as I learn more. I wish you the best.
0 upvotes
Michael Warshaw ·
When the case is called on trial day, ask the Judge to amend to include additional months that have passed since filing, and to give credit for any monies the tenant paid.
0 upvotes
Jonathan Miller ·
I agree with Mr. Lefkowitz on this one. Suing a nonpaying tenant is likely going to be futile. You should commence an eviction action (and hire an attorney to do so).
0 upvotes

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