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I'm looking for some advice on what to do here. The short of it - I had a scumbag landlord (yes, really, I'm not just saying) - I had terminated my lease early for breach of contract (he was illegally entering) and he agreed to let me move out. In my termination letter I asked for my full security and provided an address for him. I sent it certified mail. Within the 30 day time period I got no security deposit, and no letter saying why I didn't get the security deposit.
After I received a harassing phone call (I had received many from him in the past about moving - a lot of yelling and demeaning me) from him a few days after I moved about trash that the town didn't take, I sent him a certified letter restating what I had put in the original letter, and giving him the out with "I hope we don't have to take any further action on this" or whatever.
About 25 days into the 30 day period he has in NJ to deal with the security I checked my PO Box to see if he had sent anything and found that the original letter I sent (to the house I was renting) was returned as "place is vacant" - even though he said he was moving in the day I moved out. I don't know if that's even relevant but it is bizarre.
I checked again at 30 days, and there was nothing from him. After talking to my lawyer I decided to file a claim for the security, as I never got the $ or a letter stating why.
He called me today after getting the summons and claims that he's going to counter sue me if I pursue the issue and then tried to negotiate a return of part of the security deposit. He tried to deduct things (like cleaning fees) that were all BS, but backed down on all but one after I told him that I wouldn't accept the deductions. He also claimed he sent me a letter (regular mail) which I didn't receive (really) and his lawyer told him that that was sufficient (I checked the law and it's not). My gut says he's bluffing on all of this.
Long story short...
a. the guy didn't comply with the security deposit laws
b. he's been (in my opinion, and that of the other tenants at least) a jerk and tried to deduct bogus things from my deposit
c. he claims he has proof that my moving out was illegal and I gave him permission to enter the premises (I didn't give permission)
d. I had to contact him about the security - he didn't take the initiative himself
The emotional part of me wants to say no to him and take him to court, but the rational/business side is thinking that, well, he broke the law, so I'm in the right, but is also wondering if he does follow through with the countersuit (or is he bluffing?) is it really worth the time and effort? And although I know that I was in the right with breaking the lease, the paranoid side is wondering if he can nail me for that (although the other part says that whether I moved out early or not is irrelevant to the security deposit - he owes it [or a letter claiming back rent, etc.] no matter when I move out)
Sorry to be so long winded. I'd appreciate any opinions on what I should do.
You said he backed down on all but one deduction from the security deposit. Unless that one deduction is so huge that it makes going to Small Claims Court worth the time and the money and the aggravation, take the offer. Give him five days to return the money to you and, if he doesn't, then let the case continue on.
I've no doubt he's bluffing on the countersuit challenge. As long as you can prove in whatever way that he was in agreement with your breaking the lease and moving out he hasn't a leg to stand on. Good luck!
I'm looking for some advice on what to do here. The short of it - I had a scumbag landlord (yes, really, I'm not just saying) - I had terminated my lease early for breach of contract (he was illegally entering) and he agreed to let me move out. In my termination letter I asked for my full security and provided an address for him. I sent it certified mail. Within the 30 day time period I got no security deposit, and no letter saying why I didn't get the security deposit.
After I received a harassing phone call (I had received many from him in the past about moving - a lot of yelling and demeaning me) from him a few days after I moved about trash that the town didn't take, I sent him a certified letter restating what I had put in the original letter, and giving him the out with "I hope we don't have to take any further action on this" or whatever.
About 25 days into the 30 day period he has in NJ to deal with the security I checked my PO Box to see if he had sent anything and found that the original letter I sent (to the house I was renting) was returned as "place is vacant" - even though he said he was moving in the day I moved out. I don't know if that's even relevant but it is bizarre.
I checked again at 30 days, and there was nothing from him. After talking to my lawyer I decided to file a claim for the security, as I never got the $ or a letter stating why.
He called me today after getting the summons and claims that he's going to counter sue me if I pursue the issue and then tried to negotiate a return of part of the security deposit. He tried to deduct things (like cleaning fees) that were all BS, but backed down on all but one after I told him that I wouldn't accept the deductions. He also claimed he sent me a letter (regular mail) which I didn't receive (really) and his lawyer told him that that was sufficient (I checked the law and it's not). My gut says he's bluffing on all of this.
Long story short...
a. the guy didn't comply with the security deposit laws
b. he's been (in my opinion, and that of the other tenants at least) a jerk and tried to deduct bogus things from my deposit
c. he claims he has proof that my moving out was illegal and I gave him permission to enter the premises (I didn't give permission)
d. I had to contact him about the security - he didn't take the initiative himself
The emotional part of me wants to say no to him and take him to court, but the rational/business side is thinking that, well, he broke the law, so I'm in the right, but is also wondering if he does follow through with the countersuit (or is he bluffing?) is it really worth the time and effort? And although I know that I was in the right with breaking the lease, the paranoid side is wondering if he can nail me for that (although the other part says that whether I moved out early or not is irrelevant to the security deposit - he owes it [or a letter claiming back rent, etc.] no matter when I move out)
Sorry to be so long winded. I'd appreciate any opinions on what I should do.
Did you sue for just the amount of your security deposit or did you add the punitive damages(makes it 2 or 3 times the deposit).
1. When you terminated the lease, was it by written agreement or verbal? Do you have the LL's signature on the agreement?
2. Do you have proof of delivery for the first letter and for the second letter, why did you send the letter to your address and not the address on the lease?
3. Can you prove an agreement to terminate the lease on a certain date?
jdm2008: I sued for 2x the security deposit (+ court fees etc)
PacificFlights:
1. unfortunately his acceptance was verbal, but I do have some text messages talking about his intention to move in immediately after I moved out
2. Yes to both proofs of delivery. I sent the 2d letter to my address because he had rented his other house and moved in to the one I vacated.
3. I think that I can do it, but like I mentioned to a previous question, I don't have a signed written agreement so it's not going to be cut and dry.
follow up on the follow up -
I have from him "once you vacate property tues, make sure you dont take anything from garage that's mine and need my keys"
I don't know if that'll read as permission to move out, or just acceptance of the fact. It looks like everything else may have been verbal - will need to check my emails.
thx
follow up on the follow up -
I have from him "once you vacate property tues, make sure you dont take anything from garage that's mine and need my keys"
I don't know if that'll read as permission to move out, or just acceptance of the fact. It looks like everything else may have been verbal - will need to check my emails.
thx
How much money is he talking about witholding? With how everything you've desribed went down with no documentation, this sounds like a crap shoot if he is offering you most of it, I would take it. That statement doesn't do anything for you.
jdb2008, thanks for the feedback.
He's changed what he was going to withhold several times in our conversations - originally he was keeping it all and not charge me the $10,000(!!!) it cost after I moved (that came to light today), then it was several hundred dollars, then 150 or so, then 75.
jdb2008, thanks for the feedback.
He's changed what he was going to withhold several times in our conversations - originally he was keeping it all and not charge me the $10,000(!!!) it cost after I moved (that came to light today), then it was several hundred dollars, then 150 or so, then 75.
I think its worth to agree to take the deduction of $75. Court is a big hassle plus there is a risk you won't win(esp since you don't have anything in writing). I
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