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Hello just looking for some feedback, I live in Newark NJ and have recently moved out of my apartment my landlord took the thirty days provided to return my deposit to instead send a letter why it wasn't being returned. Letter stated reasons being broken toilet seats a toilet tank cover that was broken but I replaced claiming it didn't fit properly bathtub plugs missing a missing smoke detector a dishwasher that they claim was broken but always worked just fine when I lived there and a treadmill that the (landlord said I could keep) but stated I took knowing that it belonged to them. All of this is why a 1500 deposit was not returned to me. Just wondering how this case would go in court even tho I already have an idea : -) feedback please!!!!
My advice will be as a landlord...I am keeping partial payment of my tenants because they gave me a short notice, and there is excessive deterioriation to the premises.
Of the $2000.00 they gave, I'm returning $1480. The $520.00 will be used for cleaning, duct cleaning, carpet cleaning, and I believe this is fair (of course they don't).
But back to you: If you paid your rent on time, ask for a statement, then gather all your bank statements and receipts, and proceed to Small Claims Court.
If you don't have anything in writing with the treadmill, and it's your word against their word, look up the year/model of the treadmill - this will be important when you go to court.
I think you have a good chance of getting some of your deposit back.
I have the same issue as the landlord is not returning my deposit. He does not pick up my call and yet to communicate about the deposit. I have the receipts (paid in cash) as well as lease agreement. Can anyone help with how the small court works. I looked at the New Brunswick court website but it is not helpful. It does not say which form to fill and what to expect.
FIqbal - Landlords in the state of NJ have 30 days to either return your money OR notify you in writing via certified mail that they are not returning the deposit along with a detailed reasons of why teh deposit is not being returned.
If the landlord fails to comply with either of the above within the 30 dyas, you should file in small claims court for DOUBLE the amount of your deposit. NJ is 1 of the states that punish landlords for not abiding by the NJ Landlord/Tenant law and allows renters to collect double their security in this case. You could have been the worst tenant ever and it will not make a bit of difference in court if the landlord did not comply.
Filing is quite simple. You can get all of the forms online and mail them to the courthouse.
FIqbal - Landlords in the state of NJ have 30 days to either return your money OR notify you in writing via certified mail that they are not returning the deposit along with a detailed reasons of why teh deposit is not being returned.
If the landlord fails to comply with either of the above within the 30 dyas, you should file in small claims court for DOUBLE the amount of your deposit. NJ is 1 of the states that punish landlords for not abiding by the NJ Landlord/Tenant law and allows renters to collect double their security in this case. You could have been the worst tenant ever and it will not make a bit of difference in court if the landlord did not comply.
Filing is quite simple. You can get all of the forms online and mail them to the courthouse.
Thank you. Much appreciated. I have everything documented like certified letter asking for payments as well as photos or everything in the house when we left.
I am a landlord also, at this point I wish I was not but that's another grumble. The law is pretty clear and so is a lease, as long as terms are stated in the lease the tenant and landlord have to comply. As for the tread mill was it noted as equipment provided? I will show all items from smoke detectors to appliances. I do not want to supply a refrig any more and by law (under 3 units) I do not have to. I stopped because I did not want the maintenance and repair head aches. So a frig, washer and dryer must be supplied by the tenant. My dishwasher is my appliance and is stated in the lease. Dependent on the damage short of physical damage or something that could be shown/argued neglect I would expect normal wear and tear.
All of the items must be itemized on in the letter.
Broom clean is the law but if they have "permission" for a pet I also include carpets professionally cleaned.
As for duct cleaning Saga I think you better be careful in this bleeding heart tenant state your putting your self at risk with the law and a overly sympathetic "rent is just to damn high" type of judge.
I always respond to these types of landlord - tenant post because I often interpret abuse on both the landlord and tenant and I hate both when they are at the extreme.
I believe the tenants have the right to go to court but could people please stop with the double or 6x the amount give me a friken break. A landlord can't even charge back or tax-deduct personal time. When a landlord wins he does not get back anything extra and if it's an eviction. People hate to lose and will then damage even more during the move.
If a landlord did not notify the tenant within 30 days where the security is the tenant has the right to the money back and the landlord losses the right to have it. If he does not get back to a tenant with in 30days of leaving why should the punishment be 100% give me a break. If properly deposited in a tenant landlord account the bank only gave interest from .1 to .5%
The damn courts will not even enforce a late fee. Which by the way, is why I don't have late fees, "rent then becomes" is the enforceable text.
People have to be fair why is the smoke detector?
It's all about the lease and what you agree to. Also is the town one that requires a COO and fire? Is this a 2 family or bigger which is regulated by different law. BTW I had to explain to the town inspector that I did not have to by law not have to supply a refrigerator after challenged by a drug attic who signed a lease that she would supply he own.
Yes she was a drug attic because the next tenant found stuff behind the toilet and above the ceiling tiles.
In closing all of the lying and cheating landlords and tenants you both deserve what you get. The problem is the ripple effect it has on all the good and honest landlords and tenants.
And FIgbal you fave to go tho the building behind the court house across the street adjacent to the parking lot 2nd floor. But tell me and be honest did you damage it? Do you have a receipt and notification of the deposit received?
So you make tenants get their own refrigerator (and then move it)? No offense, but that sounds like a jerk move.
I stopped with a refrig because most bring there own and I had to move mine. Your a tenant aren't you? and jerk was offensive.
That's part of the problem, there is no jerk in "lease negotiation".
I am a landlord also, at this point I wish I was not but that's another grumble. The law is pretty clear and so is a lease, as long as terms are stated in the lease the tenant and landlord have to comply. As for the tread mill was it noted as equipment provided? I will show all items from smoke detectors to appliances. I do not want to supply a refrig any more and by law (under 3 units) I do not have to. I stopped because I did not want the maintenance and repair head aches. So a frig, washer and dryer must be supplied by the tenant. My dishwasher is my appliance and is stated in the lease. Dependent on the damage short of physical damage or something that could be shown/argued neglect I would expect normal wear and tear.
All of the items must be itemized on in the letter.
Broom clean is the law but if they have "permission" for a pet I also include carpets professionally cleaned.
As for duct cleaning Saga I think you better be careful in this bleeding heart tenant state your putting your self at risk with the law and a overly sympathetic "rent is just to damn high" type of judge.
I always respond to these types of landlord - tenant post because I often interpret abuse on both the landlord and tenant and I hate both when they are at the extreme.
I believe the tenants have the right to go to court but could people please stop with the double or 6x the amount give me a friken break. A landlord can't even charge back or tax-deduct personal time. When a landlord wins he does not get back anything extra and if it's an eviction. People hate to lose and will then damage even more during the move.
If a landlord did not notify the tenant within 30 days where the security is the tenant has the right to the money back and the landlord losses the right to have it. If he does not get back to a tenant with in 30days of leaving why should the punishment be 100% give me a break. If properly deposited in a tenant landlord account the bank only gave interest from .1 to .5%
The damn courts will not even enforce a late fee. Which by the way, is why I don't have late fees, "rent then becomes" is the enforceable text.
People have to be fair why is the smoke detector?
It's all about the lease and what you agree to. Also is the town one that requires a COO and fire? Is this a 2 family or bigger which is regulated by different law. BTW I had to explain to the town inspector that I did not have to by law not have to supply a refrigerator after challenged by a drug attic who signed a lease that she would supply he own.
Yes she was a drug attic because the next tenant found stuff behind the toilet and above the ceiling tiles.
In closing all of the lying and cheating landlords and tenants you both deserve what you get. The problem is the ripple effect it has on all the good and honest landlords and tenants.
And FIgbal you fave to go tho the building behind the court house across the street adjacent to the parking lot 2nd floor. But tell me and be honest did you damage it? Do you have a receipt and notification of the deposit received?
Absolutely. We did not damage anything. In fact we left the house in better shape than we moved in. When we moved in there was no running hot water, toilet, and kitchen. After trying three months to work thing around, we gave up and had to move out. I have all the receipts as well as pics of the place to be on the safe side. My question is if the court finds in my favor what are my options in collecting the money? Do I have to turn this to collection agencies? Also, i have the receipts for deposits but the landlord did not give me any bank account # for the deposit.
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