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Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102584
Experience:  Attorney
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I am a NJ tenant who is about to file a civil suit v. his

Customer Question

I am a NJ tenant who is about to file a civil suit v. his landlord over longstanding, grossly excessive noise caused by another tenant. Will be asking for damages in excess of $15K and a court order. My lease does not include mention of legal fees at all. Is there anything that would bar me from recovering legal fees + expenses incurred?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) First of all, understand that with few exceptions, a landlord is not responsible for actions of his tenant! Thus, this suit may fail. You are likely better off filing a lawsuit against the tenant themselves for nuisance.

2) If you are asking for more than $15,000, then this would be filed in the Law Division of the Superior Court. If so, then the Court allows collecting legal fees and (reasonable) attorney costs if you win at the Judge's discretion, by adding it to judgment, under RULE 4:42-8 et seq.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
Also, the landlord is DBA an LLC. In the complaint, should we name the LLC, the landlord, or both?
Expert:  Ely replied 1 year ago.

Thank you for your follow up. Assuming no breach of corporate veil is being attempted, then just the LLC needs to be named.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!