Apartment - Limitations to wear and tear?

Question

In NJ, is there a statue of limitations to normal wear and tear? Like a time frame ?

I stayed in my aparment for 8 months and my landlord is holding my security deposit to repaint and clean from my time there.


NJ State law states "Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting."

The landlord did the intial walk through and gave the ok that it was clean enough for us to move out. Now hes changing his story saying that the he feels he doesnt have to pay for a repainting cause we didnt stay there long enough. Mind you, we never had a lease agreement but only a verbal agreement that I could move into that apartment as long as I paid rent and give 30days notice that if I were leaving. I satisfied both requirements and again in his walk through he never said anything about the walls or anything about the apartment not being clean.

I have written documents saying that I paid a deposit from a previous lease with the landlord. I just moved into another unit versus the original one. But I never signed a renewal to a lease agreement when my original taime was up. So it could be considered month to month rental.

Answer 1

did you take pictures of the condition of the place when you moved out? next when was the last time the landlord painted the place?

best bet is if you have pictures to show the condition of the place when you left, then sue him in small claims

in NJ the landlord has 30 days to send you a written accounting of the deductions of the security deposit and return anything left, if out of the 30 days then you can sue, if still within the 30 days then he is OK

Answer 2

The landlord has no right to keep this money. It doesn't mean he won't try though. Not having something signed (the rental agreement) hurts you as much as it hurts him. A good rental agreement will spell out exactly what deposits are for and how they will be returned.

He's trying to keep some/all of your deposit. Do you even have a receipt that says you paid a deposit? If you do, then you have a chance in small claims courts. If you don't then you are going to be out that money. Going to small claims court with no documentation will not go well for you as you have no real proof what the money was for. All the landlord has to do is claim it was a non-refundable deposit and then it is hearsay and they will win in court.

It looks like you have just experienced a very expensive lesson in rental agreements.

I hope it works out for you -- Good luck!

Answer 3

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