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Old 05-22-2013, 04:16 PM
 
55 posts, read 120,751 times
Reputation: 27

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Hi all, I need opinions, please.

Short version of this:

I recently moved out of a house rental after 3 years, landlords turned into crazy people that are now withholding my security deposit over 30 days. No written notification sent to me regarding why. On the phone, landlord tells me they have 30 days to inspect the property. So after 30 days I retain an attorney, who demand full security deposit within 5 days or we file in court.

My attorney communicates with landlord's attorney for awhile, and to my surprise we receive a list of itemized damages, which are total fabrications, every one of them, and I have pictures that I took at move-out to prove it.

After my attorney contacts their attorney with the news that I have pictures of the place in perfect condition, they respond with an offer for partial deposit return. I refuse, and no legal reason given for retaining partial deposit.

Finally through their attorney we get an offer of full security deposit. No attorney fee, nor interest included.

I can accept, and take the loss of my attorney fee, or ask for security deposit plus attorney fee and interest which my attorney feels they won't pay, and then it would be off to court.

I have never been to court before, and I hear it would be arbitrated first, and then if no resolution on to a trial.

I'm wondering if someone has been to small claims court and what it is like. I am not sure which route to take here.

Thanks!
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Old 05-22-2013, 04:23 PM
 
2,535 posts, read 6,650,827 times
Reputation: 1603
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.
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Old 05-22-2013, 05:43 PM
 
Location: Arizona
6,129 posts, read 7,960,526 times
Reputation: 8272
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.
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Old 05-22-2013, 07:07 PM
 
Location: NJ
17,574 posts, read 46,047,306 times
Reputation: 16273
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.
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Old 05-22-2013, 09:32 PM
 
55 posts, read 120,751 times
Reputation: 27
Thank you all for the good suggestions! I'm still trying to decide what to do, and I will take all of your points into consideration.

Thank you!
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Old 05-22-2013, 10:07 PM
 
Location: NJ
17,574 posts, read 46,047,306 times
Reputation: 16273
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


http://www.nj.gov/dca/divisions/code..._lti/t_i_r.pdf
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Old 05-22-2013, 10:44 PM
 
55 posts, read 120,751 times
Reputation: 27
Thank you for this info! Yes they held the deposit over 30 days, plus never even sent me a letter (which I was told was required by law) as to the reason. It was only when my attorney sent them the demand that they fabricated damages as the reason. I am so happy I remembered to take pictures of everything.

Thanks again
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Old 05-23-2013, 05:35 AM
 
19,064 posts, read 25,204,360 times
Reputation: 25377
Quote:
Originally Posted by JerseyGirlinFL View Post
I am so happy I remembered to take pictures of everything.
Hopefully those photos are date-stamped.
If not, the LL could claim that your photos were taken prior to moving into the apartment.

Anyway...it sounds like you have a good case, and I am optimistic that you will prevail.

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Old 05-23-2013, 09:05 AM
 
Location: Little Pond Farm
559 posts, read 1,353,720 times
Reputation: 507
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!
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Old 05-23-2013, 09:56 AM
 
550 posts, read 963,091 times
Reputation: 434
I kind of agree with casper.

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.
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