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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.
Yes. He's causing you grief since you're causing him grief. That's why suing someone can be a PIA. You will almost always face a countersuit that you have to defend against. His claim may be completely bogus, but nonetheless you have to answer the suit and show it is baseless. He's just making your life difficult out of spite. However, he has every right to sue you,and once you sued him, you forced his hand. I am not saying you're wrong, but since he is already spending money to answer your claim, he might as well file a countersuit. He's pot committed at this point. He's basically going to say the "improvements" that you made are actually deterimental to the space and that he has to spend money to return the space back to rental condition. I am not saying I agree, but that's basically the point he will try to make to the court. Good luck.
Yes. He's causing you grief since you're causing him grief. That's why suing someone can be a PIA. You will almost always face a countersuit that you have to defend against. His claim may be completely bogus, but nonetheless you have to answer the suit and show it is baseless. He's just making your life difficult out of spite. However, he has every right to sue you,and once you sued him, you forced his hand. I am not saying you're wrong, but since he is already spending money to answer your claim, he might as well file a countersuit. He's pot committed at this point. He's basically going to say the "improvements" that you made are actually deterimental to the space and that he has to spend money to return the space back to rental condition. I am not saying I agree, but that's basically the point he will try to make to the court. Good luck.
Thank you for the information. I wouldn't be doing this if I wasn't positive I deserve it back and they told me I would get it.
That would be laughable as I don't think you can rent a house without floors, walls and ceilings in the rooms!!!
I'm just hoping that the fact that he did not send me a letter delineating the reasons why we weren't getting our security back will be a driving point the judge will see.
Having rented in the past (and never again) here are some of my most important learnings.
Never improve a rental property, ex carpeting, paint, woodwork, cabinets, flooring, etc.
Take pictures before and after you move in.
Have the landlord sign off on any discovered damage or wear.
Carpet wear is considered normal wear and tear if it is not excessive.
Document every payment you make and when you made it.
Never pay in cash, always a check and save the cancelled check or a copy.
In NJ a landlord is required by law to give you 24 hours notice before entering your dwelling.
In NJ you're allowed to change the locks and don't have to give them a key.
NJ is one of the most renter friendly states in the US. We have a lot more protection than those in other states.
Having rented in the past (and never again) here are some of my most important learnings.
Never improve a rental property, ex carpeting, paint, woodwork, cabinets, flooring, etc.
Take pictures before and after you move in.
Have the landlord sign off on any discovered damage or wear.
Carpet wear is considered normal wear and tear if it is not excessive.
Document every payment you make and when you made it.
Never pay in cash, always a check and save the cancelled check or a copy.
In NJ a landlord is required by law to give you 24 hours notice before entering your dwelling.
In NJ you're allowed to change the locks and don't have to give them a key.
NJ is one of the most renter friendly states in the US. We have a lot more protection than those in other states.
Where/how did you come to find that a tenant is allowed to change the locks and not provide LL with a new key? That can't happen if it's stated in the lease that lock are not to be changed without permission and new key given to LL. I don't know one single LL who would go for not having a key to their property anyway.
Where/how did you come to find that a tenant is allowed to change the locks and not provide LL with a new key? That can't happen if it's stated in the lease that lock are not to be changed without permission and new key given to LL. I don't know one single LL who would go for not having a key to their property anyway.
If something is written into the lease agreement that would be a different story. This is from the Right of Entry code 2008.
"If there is no lease provision or written rental rule requiring a key to be given to the landlord, a
tenant is not required to provide a key for the landlord. In New Jersey there is no law that requires a
tenant to give a landlord a key to the rental unit. There is also no law that prohibits a landlord from
keeping a key to a rental unit. A tenant disputing the landlord’s right to a key can simply refuse to
provide the landlord with a key. The landlord may then seek an action for eviction based on the
tenant’s refusal to comply with reasonable lease provisions. The judge would then decide if it is
reasonable for the tenant to supply the landlord with a key."
In my case, my lease did not have a clause. I am going to edit my post to make it more clear. ** On second thought I guess not as that option has been removed.** -Cool.
Any suggestions would be appreciated!!!
I am a landlord, a former tenant took me to court, we could not mediate, before the judge, he did deduct damages caused by the tenant, they sued me for double damages which the judge awarded them.
I just found out today, as long as I sent all notifications, documents itemizing damages, photos and any security due back within 30 days of vacating which I did, the judge did not have a right to award double damages.
Any help to confirm that and a link to read the laws would be appreciated.
Thank you
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