My Ex-Landlord is being shady. Wont give back security Deposit.?

Question

Here is the situation:
I moved out of my apartment in New Jersey last month after being there 2 years. Before we left we cleaned the apartment thoroughly and rented a steam carpet cleaner and cleaned the carpets. Now a month later, I get a letter from my landlord that not only is he keeping my entire security deposit, he wants me to send him another $200 to cover the costs of cleaning the apartment. That is over $1200 total!

He is asking for me to pay for things such as plumbing, garbage disposal. Clean Walls and Ceiling (Ceiling? WTF?) Replace the screen door, the arm on the door had rusted off. It was old. Clean Blinds. Patch nail holes from pictures.

Keep in mind, none of this stuff was done before we moved in. The carpet was atleast 2 years old before we moved in. He did not paint or fix holes from previous tenant. As a matter of fact, when we moved in, we had to clean out the storage unit that was full of junk.

Anyone know anything about NJ tenant rights?

Answer 1

It is always a good idea to take pictures of your apartment before you move in and after you have left and cleaned. Then call your manager and have a walk through. Things that are normal wear and tear-things rusting out etc. are his to pay for. When you cleaned the carpeting, where there stains left? If so, then he is within his right to ask for more. The fact that he did not paint before you moved in says that the walls were clean but needed patching. He is now saying they are dirty and need patching. Do you smoke? Smoking dirties ceiling and they usually need to be repainted when smokers move. Were their fingerprints/grease and damage to paint? Without seeing the apartment it's hard to say. I find, as a landlord, that most tenants see the apartment as clean when they left it as when they got it and that is very seldom the truth. Yes, when tenants move in the windows & blinds are clean-washed and dusted. However when they move out usually the windows and blinds need to be cleaned, woodwork is often dusty to dirty, pantries full of crumbs and stains. They wouldn't have rented it they way they left it. Carpets have a 10 year life on an average so their should have been 6 years of good life left. That's another reason to report all things to your landlord as they wear out & have a walk through with your landlord as you leave. On the other hand he may be trying to get everything he can out of you. I have a client that ordinarily has charges against the deposit of every tenant that leaves. They aren't joking about it being really clean. Just remember-it costs $ to get an apartment clean and it isn't fair to the landlord to leave it all beat up and expect him to pay to clean it up so that it is rentable. On the other hand it isn't fair to you to demand payment for wear and tear items. You need to talk to him but give him a letter in reply to what he asked for and have it explain away all of his charges. If you are sure you are being fair, take him to small claims court for your deposit. Just remember, he will have pictures for proof, you will have nothing.

Answer 2

Find out if there is a tenant's association in the town in NJ. They generally will help you on something like this for free. You might find out that a lot of the stuff he wants you to pay for falls under the heading of fair wear and tear. Check and see if NJ has a state Property Code. Some states specify in the state property codes what is fair wear and tear and what is not. In some states the property code will specify tenant rights. See if there is a time line for him refunding your deposit. If so, he may have missed the date since it is usually 30 days. Do you have a lease? Read the lease closely.

Answer 3

i have rented for years and its pretty much a given that you wont get that bond back. they will try and screw you for it every time. you should not have bothered cleaning the carpets. unless you have as part of your rental agreement some kind of form where you and the landlord performed an inspection of the premises and signed off on any damage that was already there when you moved in then the landlord can just go ahead and blame any and all damages and any repairs needed on you. check though..you should have a tenancy advice place as part of govt services which gives free advice. we do where i live. hey arent you american. try sueing that b**tards a**. get one of them lawyers that only charge you if they win. i would not pay that extra money he wants either. let him take you to court then file a counterclaim. good luck man. i just dont see you getting that money tho.

Answer 4

They almost never do. They know that the cost of suing them exceeds the amount of the deposit.

Do not pay him. Send him a letter detailing how you left the apartment in the same condition or better than when you rented it. Attach a copy of the receipt for the steam cleaner. Let him go to the expense of suing you. He won't.

Answer 5

It will cost you under $100 to sue him in court so you may have to do that. Send him a letter stating he has 30 days to return the deposit or you will be in small claims court

Answer 6

Best I can tell you that you should check your lease. If these charges aren't even brought up in any way in the lease, you legally shouldn't have to pay them (the extra $200). Sounds like you may end up in court if you need to resolve this issue if your landlord is going to be stubborn.

Answer 7

Next time, take before & after pictures and hold the daily news paper up and get a pic of the date as well so you can prove when the pics were taken.

Answer 8

Just tell him if you do not receive your deposit in a week, you would seek council from the states attorney's office.

Answer 9

DID YOU TAKE PICTURES OF THE UNIT WHEN YOU MOVED IN???? VERY IMPORTANT THING MOST PEOPLE DONT DO. DID YOU TAKE PICTURES WHEN YOU MOVED OUT???? ANOTHER THING MOST PEOPLE DONT DO... your landlord needs to show you receipts for the cost of repairs. If you didnt take pictures its going to be his word over yours.

Answer 10

you need to contact the state attorney and look up the rights online..