How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33713
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

Every year we rent a condo at the New Jersey beach husband

Customer Question

Every year we rent a condo at the New Jersey beach for my husband and two grandchildren 7and 5. Last year the owner was getting a new porch. That was a burden because of the early morning hammering and the diligent because of nails surrounding property. The other condo owners could not believe the owner rented her condo to us under those conditions. That being said a week before our June vacation we received an email stating that they were getting a new roof and that there would be no air conditioning. She stated not to worry because it was going to be cool! We stated we wanted our money back under the circumstances. A few days letter the owner stated she decided to get window air conditioners. Because of the roof install and the two young children we just wanted our money back. How do we go about doing that?
Submitted: 5 months ago.
Category: Legal
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

I am a little unclear...did you use the condo or not?

.

What does your contract state about a cancellation policy?

.

.

thanks

Barrister

Customer: replied 5 months ago.
We did not use the condo, it did have a 60 day cancelation policy. The owner is stating we cancelled without merit. This condo would have been a dangerous environment with the workers and an inconvenience with the noise. With a week notice from the owner what could we do?
Expert:  Barrister replied 5 months ago.

Ok, I think you had reasonable grounds to cancel the contract based on the landlord's breach in deciding to do major maintenance/repairs to the property during a time when you were renting it to quietly enjoy it with your grandchildren. Waking up to contractors ripping off a roof, being loud, and hammering while installing a new roof is not very conducive to a nice restful vacation.

.

So I would opine that the roof and the lack of AC would give you grounds to consider this an "anticipatory breach" by the landlord which would give you grounds to terminate and demand a refund.

.

But at this point, if you have paid, you will have to sue the landlord in PA small claims court (if the owner is in PA) under a breach of contract claim for a full refund based in their breach. You don't need an attorney and the limit is $12K. The clerk will have the summons and complaint form you need to file to start the case and can help with getting the sheriff to serve the landlord with the summons.

.

Then you just appear on the stated date, tell your story, present any evidence like texts, emails, etc. to prove your case, and then you should get a judgment in your favor.

.

.

thanks

Barrister

Customer: replied 5 months ago.
The condo owners are from New Jersey. We live in PA.
Expert:  Barrister replied 5 months ago.

Sorry about that, I just saw PA in the state... You will have to sue them in NJ, but the process is the same... although the limit is either $3,000 or $5,000 depending on the county..

.

.

thanks

Barrister

Customer: replied 5 months ago.
Where do I find the papers to file?
Expert:  Barrister replied 5 months ago.

The small claims court clerk will have the summons and complaint forms you need to file. You just need to make sure you file in the county where the landlord lives so you can force them to come to court if they don't contact you to settle before court.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

Thanks much

Barrister

Related Legal Questions