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Old 05-01-2009, 05:46 PM
 
Location: Bloomfield
11 posts, read 18,311 times
Reputation: 11

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my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
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Old 05-01-2009, 09:18 PM
 
1,915 posts, read 3,485,684 times
Reputation: 1089
Quote:
Originally Posted by pikachi View Post
my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
Where is this? Let me know (PM me) and I'll try my best to help you.
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Old 05-01-2009, 09:34 PM
 
14 posts, read 132,496 times
Reputation: 18
Quote:
Originally Posted by pikachi View Post
my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
Cracked tiles!?
How old is the house? Let me guess, you're in NJ so it's probably 60-120 years old. The house settled way before you were born. If you cracked my tiles you bet I'd hold you responsible. Tiles are designed to last many years and normal wear and tear wouldn't break tiles.

As for the extra tenant that should have been clear before you signed the lease. You could have rented out a bedroom to him for all she knows, which in many cases goes against leases. If you do rent out part of the place you're renting then the landlord would normally be due any rent that you charged the person. Messed up, but I've seen that in pretty much every lease I had in grimy NJ. Consider the security gone.
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Old 05-02-2009, 08:55 AM
 
Location: NJ
23,861 posts, read 33,523,515 times
Reputation: 30763
Quote:
Originally Posted by pikachi View Post
my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
What I don't understand the most is did this landlord pick how much rent would be depending on how many people lived there? I've never heard anything like that.

Did your old lease really say your rent would go up if you had someone living with you?

Then, if she wanted $175 more for the apartment, why didn't she rent it for that?

I don't think she has a leg to stand on.
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Old 05-02-2009, 10:01 AM
 
Location: Nashville, TN
2,865 posts, read 9,363,994 times
Reputation: 693
Quote:
Originally Posted by Roselvr View Post
What I don't understand the most is did this landlord pick how much rent would be depending on how many people lived there? I've never heard anything like that.

Did your old lease really say your rent would go up if you had someone living with you?

Then, if she wanted $175 more for the apartment, why didn't she rent it for that?

I don't think she has a leg to stand on.
I agree! My son's apt in NJ was the same rent for 1 or 2, did not matter. It's the same here now, and he does have a 2 bedroom here.

You probably don't want to know, but the 2 bedroom here is $675 a month, and its 2 bedrooms, 2 baths, in a 4 year old garden apt complex with a clubhouse and pool. His salary comes out the same because of no state income tax, even a bit more.

Diane G

Diane G
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Old 05-02-2009, 05:17 PM
 
1,014 posts, read 2,887,528 times
Reputation: 285
Quote:
Originally Posted by pikachi View Post
my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
to the bolded: if she does not send you a letter describing how your security was used within thirty days and you sue her, claiming she still has not returned it, the court will order her to pay you double the whole security if she cannot prove that she did actually send it within 30 days.
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Old 05-02-2009, 05:20 PM
 
1,014 posts, read 2,887,528 times
Reputation: 285
Quote:
Originally Posted by Diane Giam View Post
I agree! My son's apt in NJ was the same rent for 1 or 2, did not matter. It's the same here now, and he does have a 2 bedroom here.

You probably don't want to know, but the 2 bedroom here is $675 a month, and its 2 bedrooms, 2 baths, in a 4 year old garden apt complex with a clubhouse and pool. His salary comes out the same because of no state income tax, even a bit more.

Diane G

Diane G
but, its in Tennessee.
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Old 05-02-2009, 05:24 PM
 
1,014 posts, read 2,887,528 times
Reputation: 285
Quote:
Originally Posted by Roselvr View Post
What I don't understand the most is did this landlord pick how much rent would be depending on how many people lived there? I've never heard anything like that.

Did your old lease really say your rent would go up if you had someone living with you?

Then, if she wanted $175 more for the apartment, why didn't she rent it for that?

I don't think she has a leg to stand on.
If the lease states who the household members are and states that only those people may live in the apartment, the landlord can deny an extra person moving in. If the tenant wants an extra person and a landlord agrees to adjust the lease, or, as in this case, void the lease and draw up a new one, then the landlord is absolutely able to ask for a higher rent.

In places like the nyc metro, where housing supply is low compared to demand and good rental housing supply is especially scarce, you'd expect the landlord to have greater bargaining power than landlords in flyover country, for example.
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Old 05-02-2009, 05:26 PM
 
1,014 posts, read 2,887,528 times
Reputation: 285
Quote:
Originally Posted by pikachi View Post
my prior landlord told me today that she was witholding security due to a breach in a terminated lease that was already ammended?

i was renting a 3 bdrm on my own (crazy i know) and used 1 bdrm as a dining room, 1 as a computer room and one as a bedroom. my bf was listed as a visitor (he had his own place and paid rent so we didn't want him listed as a full time tenant). in oct we got engaged and in jan my landlord voided my old lease and rewrote it to include my fiance and raised my rent 75 dollars even tho he still had his own place elsewhere. i began paying her the 75 in oct, when she first brought up him being there too often to be considered a visitor.

we've had so many problems with her for promises and repairs that were never done, so we decided to leave when the new lease expired. now that we've moved out and i brought up my sec. deposit, she states that she will be witholding it due to a breach contract. she claims she is owed back payment of rent for his occupance according to my voided lease for not only the 75 she raised the rent by, but the amount she wanted to rent the apt for before he moved in which is 175 a month more than i rented for without him!

when i signed the new lease, it was to my understanding that all terms of the prior lease were now void.

she also states that there are cracks in the tile floors in the kitchen and is also holding me responsible for that. to my knowledge, i was not in any way negligent, and those cracks are from the house shifting and ordinary wear and tear.

is she really entitled to my security??

should i bring her to small claims court if she doesn't return it in 30 days??
You should get an attorney to sue her for that $100/month, at least. I strongly doubt that a court will uphold those charges.
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Old 05-02-2009, 05:30 PM
 
Location: GA
2,791 posts, read 10,805,155 times
Reputation: 1181
The cost of an attorney would be more than it's worth.

look here:

LSNJLAW - Tenants' Rights in New Jersey Chapter Index

Don't be afraid of small claims court. it's easy to do.
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