Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Clearly the LL has already broken the rules by taking longer than 30 days. Seems pretty black and white. And you can sue for double the deposit plus attorney fees. And what about interest? The deposit should have been in an interest bearing account and you should be getting that interest.
Within 30 days after the end of a tenancy, a landlord must return the security
deposit, plus interest earned less deductions, to the tenant. (26) Deductions may
include the cost of any damages over and above normal wear and tear, and any
other money due the landlord under the terms of the lease. The landlord must
return the money either by personal delivery, registered or certifi ed mail. If there
are any deductions made from the security deposit by the landlord, an itemized
list of these deductions must also be sent to the tenant by registered or certifi ed
mail within 30 days.
If a landlord fails to return the security deposit within 30 days, or the tenant
disagrees with the amount deducted, the tenant may sue for double the amount of
the security deposit that the tenant contends was wrongfully withheld. If the tenant
is successful, the court may award the tenant double the amount wrongly withheld,
together with court costs and reasonable attorney’s fees
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.
Thanks!
Well if you get your full deposit, interest and partial fees back without the hassle of going to court I think that's a decent result. I'd be satisfied in the knowledge that I prevented the scummy landlord from taking advantage of me and be happy. I hope that's how it works out for you.
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.
Thanks!
Then it could be reasonable to go to court. I had a slam dunk case against a tenant and after going to court 3 times and spending hours there, the last time the Judge allowed them to leave before hearing the case because they had kids getting home from school, I was livid. Based on my lease any legal fees resulting from their tenancy would be paid by the tenant so the DH enlisted the help of a lawyer. Sussex County is such a Good Ol Boy network that the Judges treat individuals without representation like crap. THis lawyer charged us 4000.00! However these people did 8 THOUSAND dollars of damage to the house, did not pay the last months rent , asked for and promised to pay for an extra week to move their stuff and never showed up for a walk through, I thought the lawyer would be worth the price. After postponing court 3 times, the Judge scheduled it for a day off the typical court schedule. The lawyers wanted to settle even though their counter claim was invalid (they said a batting cage on the property did not work and that I did not notify them of where their security deposit was being held which I had done and had the proof). I REFUSED to sign the "settlement" and kind of ripped into the Lawyer for not doing his job. In the end I ended up getting a judgment against them for pennies (600.00) however I also knew that the people were broke and collecting money would be a hassle. So I accepted at least this Judgment would be on their Credit report and signed.
Sounds like you have reasonable legal fees and could be worth it. PS I do hope you prevail as a good tenant, please keep us posted.
I'm taking my former ll to court for my security. He has now filed suit against me for damages in a counterclaim.
We did not do any damage, only improvements, put in carpet, flooring, walls, ceilings, etc.
This is just nuts and now I have to defend myself needlessly.
Have any if you seen this happen before? We never received anything from him prior to now saying there was anything wrong with the place.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
