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I'm to make suit in small claims ct, NJ; do I have discovery rights; court to issue subpoenae?

Belmar, NJ |

My to be former LL has been placing charges as misc arrearages; I believe this is for a replacement commode, and flooring mandated by section 8. as well, for bed bug infestation, but a maintenance employee said there were none, that it was LL's ruse to harass me. I believe a commode is within the covenant of habitability...if they think I've intestinal problems, they should test all residents to see their health is within normal limits. If I subpoena workers employed by complex, I'm certain they'll tell as much of the truth their conscience will allow! Do I have supboena rights and discovery rights for business records in NJ small claims court; to what court do I appeal if I lose initial complaint?

Maintenance man said he told me I'd be charged for replacement commode; does he stand in the shoes of his employer? I'd not agree to an oral agreement w/someone w/o standing; This building apt. complex is 50 yo, and all the basement plumbing pipes were replaced, and the plumber said there was something wrong w/the existing commode trap, and a "power flush" commode would be appropriate. I strongly believe all the issues raised here fall within the "implied covenant of habitability"; I shouldn't be charged for things mentioned herein. This conversation is a figment of the worker's imagination, or that he has been told by employer to claim so.

Attorney Answers 2

  1. First of all, your LL has no right to test all residents of the apartment complex for health issues under any circumstances. Second, you do have subpoena rights in small claims, but your assumption as to the testimony of these witnesses may not be justified.

    The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.

  2. If there are witnesses you want compelled to testify, contact the court and request they be subpoenaed. You have the right to appeal any decision, but that's a road you probably don't want to go down.

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