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WHat County? What are your legal fees so far? I ask because in Sussex County these cases are treated like a joke by the court and a cash cow for the lawyers. I would take the offer and be done with it. WHICH BTW is not what I would want to do in your case, just wonder if a few days off work and the stress is worth it. I can't imagine absolutly no damages other then normal wear and tear after 3 years but then again you could be the ideal tenant!
Legal fees are in the hundreds, security deposit is over 2,000. And yes, believe me, I had NO DAMAGE whatsoever to the house, yes I am the ideal tenant. No parties, no problems, responsible, clean, and pay my rent on time ALWAYS.
I assume that your attorney fees are in the hundreds somewhere, while your deposit was in the thousands. I’m not saying that the attorney fees are chump change, but I’m not sure that it would be worth all of the hassle of continuing to go after them. Think of all the emotional stress you still have to deal with because of the uncertainties.
I would ask your attorney to make a final offer of full deposit plus half of attorney fees, or it’s to the courts you go (if you choose to do so). Final offers in negotiations are very powerful.
Sometimes, it's not fair, but you just need to count your losses so you can focus on the next bigger and better chapter in your life.
Good luck.
Thank you, you make a good point. This has been really stressful, to have such lies and deceit from people that I had (at least I thought) a good relationship with.
I recently told my attorney to add in the interest (it won't amount to much) since it is required by NJ law and its even on my lease. Thats a good idea you had about half the attorney fee. If it is not too late, I may try that.
I went through almost the exact same scenario on a house I rented in NJ back in the 90s. You don't mention how much the deposit was, but from your description it sounds like you could get double back since you did not get it within 30 days. However if your deposit was over 1500 you will thus be over the 3000 limit for small claims and you'll have to file in Superior court. They will send you to an arbitration session. In my case that occurred right there the same day and the arbitrator pushes really hard to get a settlement. This was in Passaic County, other counties may be different, and again it was almost 20 years ago so things may have changed. I think you need to consider if its worth the hassle for you to go back to NJ (assuming you're in FL) or just take the deposit and pay the lawyer. I hate landlords who act like security deposits are their money from day 1 and I'd be inclined to fight on principle but practicality has to come into play as well. In my case we reached a settlement in arbitration that basically made everybody break even but it's stuck in my craw for years that the slimy landlord didn't get his comeuppance. Good luck.
John, I think that is the part really stressing me out, that it will "stick in my craw" for years. And re small claims, it seems that you are right about the limits, but in NJ (I found out) the exception is security deposit, I think that is up to $5000.
If you have a slam dunk case I say take them to court. I would also check to see if this is a one time occurrence or if they do this all the time. If you can find others who have been robbed you could go after them for punitive damages as well as legal fees.
I wish I COULD find out if they have done this before!
I know in some states the LL can be on the hook for multiple times the security deposit if they don't follow the rules. If that is the case in NJ I would make that very clear to them. Then ask for the full deposit plus attorney fees.
If you look back to October, you can read my story. It sucks when you're a good tenant with a crappy ll.
Unfortunately my former ll is an attorney and was just found to be liable for 65k in a crappy re deal where he was the attorney and the "corporate" seller and their was a lien on the property. It was a mess.
He's trying to say that he met with my husband and told him that he wasn't giving the security back due to damages. The meeting never happened. Neither did the damages. And he's saying he will counter sue me for frivolous claim.
I feel your pain.
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