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.
My roommate and I moved out of a house we leased for 2 years about 40 days ago. The landlord ended up taking over $900 of our security deposit for cleanings fees and other things I feel she had no right to take. Additionally she also didnt send us our security deposit back until 37 days after because she "wasn't done making repairs" (i hear it is suppose to be 30).
I wrote her a certified letter demanding that she send back the entire deposit because the things deducted were not valid and there was no damage only cleaning issues and other very small things. She came back and said well we know your girlfriends were living with you and we can sue you back for additional rent for them living there when in the lease it said only two people were to live there.
Is this accurate or was this only a stipulation that they could evict us for? Also, do I have a case since she sent security deposit late? Thanks
You'll find your state landlord tenant laws linked in the first "sticky" on this page to confirm the procedure for return of the security deposit. Since you disputed the deductions in writing, carefully read what is said in such a case.
Your LL is wrong on two counts. First, the reason a LL is given a certain amount of time to return a security deposit is to get an estimate (or actual charges incurred) for repair of any damages. She cannot string you along because she, "wasn't done making repairs" - that's what estimates and the time allowed are to cover.
Nor can she sue you for additional rent for your allegedly having had more than the listed occupants living on the premises. That should have been addressed during your tenancy and she has no grounds to sue you on that basis.
If you feel that the deductions she made to your security deposit were unwarranted/inflated and if further research confirms that the deposit was returned outside the time allowed, you can file a claim in Small Claims court. However, you need proof. Move-in photos, move-out photos and any other documentation to bolster your claim. If you can't prove it, there's no point and you should just move on.
Thank you for the responses. I did read the tenant/landlord laws but I feel like there are so many nuances in each particular case it is hard to tell how to handle.
I assumed that she could not sue me for having additional people live with me, because breaking that would only in my mind "break the lease" and she could have evicted me for it, but chose not to.
My main issue is she is charging for cleaning and repairing the fireplace because she said we used it "too much" and it caused a crack in the brick. I have no pictures of anything really but I dont think they have any before pictures either (or after for that matter).
I guess my ultimate question is do I just go to court to get my money back for the deductions from my security OR do I just sue her for not returning my security deposit on time since they 100% broke that and I can prove it via the certified mail/check date when they sent it back to me. I was really trying to avoid getting an attorney
1.I have no pictures of anything really but I dont think they have any before pictures either (or after for that matter).
2. I guess my ultimate question is do I just go to court to get my money back for the deductions from my security OR do I just sue her for not returning my security deposit on time since they 100% broke that and I can prove it via the certified mail/check date when they sent it back to me. I was really trying to avoid getting an attorney
1. But you don't know that for sure and there's your dilemma.
2. I suggested you read your state landlord tenant laws and then research a little further on the subject of security deposits to determine what (if any) changes there might be to the timeframe when deductions are disputed. If you sent the letter after the deposit less deductions was sent to you already late it may be a moot point. You haven't said which state you're in.
I suggest you seek legal advice. There may be a tenant advocate group in your area; Legal Aid is an option if finances are an issue; you may be able to get an answer in just one consultation with a local real estate attorney at minimal cost.
Do not go for cheap legal advice - go for inexpensive.
Not sure where in NJ you are, but most counties have their own bar association. You want lawyer referral service for your county - for a low cost initial consultation. Used to be around $50. If you're in Hudson or Essex County, you can call Rutgers Law School and see if they now have a student clinic - where you'd get a law student to assist you - again, minimal fee. The NJ State Bar Association may also have a lawyer referral service - you'd have to look it up. Things have changed since I last had contact with the state bar.
Thank you for the help everyone, I definitely need to look into this more.
Also - STT resident - the landlord emailed me AFTER i threatened them and said they would sue me for having our girlfriends living there on the basis that both had mail coming there. They did live there - the issue was whether they could go back and try and get additional rent from me.
The first is the security deposit. State laws spell out the requirements for collecting, retention and return. Your landlord must follow the law as it’s written or face the consequences the law says they face. You do what you need to do if the landlord fails to return the deposit as outlined in the law.
The second item is that if a landlord fails to abide by the laws related to the return of a security deposit, most state laws just bar the landlord from making a claim against the security deposit. Except for a few limited states, most do not prevent a landlord from making a claim in civil court. So a landlord can technically return all your security deposit and turn around 6 years later and sue you.
So, can the landlord sue you for rent owed by having unauthorized individuals residing in the unit? Yes, they can. There will be issues related to appropriateness, timing, and other stuff, but there is nothing to prevent a landlord from suing up to the SOL in civil court. It's a common misunderstanding by landlords that the laws related to the return of security deposits apply to any claim against the tenants; Not So! Security deposit laws only limit claims against the security deposit, not non security deposit claims.
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.
