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we lived in a brand new condo which was rented by the owner. because he needed to close the unit we had to leave. when we met with the owner he wanted the unit as brand new as the first time we came in. but that's impossible since we lived there for over a year. we cleaned by hiring professional maid and even painted the walls by hiring someone to do that for us. and yet he charged us for the soap scum, paint for the door, and scratches on the hard floor - over $600. when we asked him how he came up with the cost, he answered that he has no obligation to provide us proof of the cost. i think hiring an attorney would be more expensive than the return we would receive from the owner since the return we want to receive is small.. i was going to report in small court, but our income is more than $20k as their requirement. so we are not qualified to be helped by attorneys. is there anything we can do to get some of our money back.. or at least proof of the owner's estimated cost on the damages?
There is no income limit for filing in the small claims court and you don't need an attorney. Double damages is the penalty for withholding security deposits unjustly, interests and fees is standard too though of course you mightn't win so you can't count on getting attorney's fees.
The law requires the landlord to itemize the deduction when returning the remainder of the deposit, I don't think it requires proof of costs though...
You shouldn't have painted (unless you did some serious damage to the paint), and hiring a maid isn't necessary in NJ - the requirement is "broom clean". Personally I've always left the places I've rented much cleaner than that, but I've never organized painting... Once done though, it's done and there's nothing you can do about that.
Just walk away. I've never gotten a rental deposit back in my life. Pretty soon you learn to just not pay the final month's rent. It's not right, entirely... and you may feel cheated. I know that I have. When they get those deposits they don't really intend to repay them. That's the way it goes.
Just walk away. I've never gotten a rental deposit back in my life. Pretty soon you learn to just not pay the final month's rent. It's not right, entirely... and you may feel cheated. I know that I have. When they get those deposits they don't really intend to repay them. That's the way it goes.
-Eric
What!! Really... I always get me deposit back.
Wouldn't you be able to go to Landlord/Tenent court for this.... if you have proof on how the apartment was left you should get your deposit back.
Just walk away. I've never gotten a rental deposit back in my life. Pretty soon you learn to just not pay the final month's rent. It's not right, entirely... and you may feel cheated. I know that I have. When they get those deposits they don't really intend to repay them. That's the way it goes.
-Eric
I've never not got my deposit back. OK, one time I lost one of the mailbox keys about 4 months after moving in and they took out $25 for the world's most expensive lock change when I left 20 months later...
Of course I've never not paid a month's rent as well. And never left the place in bad condition.
The landlord can only charge you for damages the condo sustained . Normal wear and tear is not considered damages. I think he is obligated to give you a bill itemizing each individual item he had to repair and list the charges to each repair. Google tenants rights in NJ and read what I posted here. //www.city-data.com/forum/ralei...ml#post9301816
Leaving something in "like new" condition is impossible if you've lived in it so it is an unreasonable demand. This guy is playing you for a chump. If the law says he has to itemize then he has to show proof of doing those repairs which is the receipt for the materiel or the bill from a contractor. He can't charge you for something he doesn't fix. If you left a hole in the wall and he doesn't fix it he can't charge you for it. The money is for the repairs not for the damage. Even though it is called damages the money you owe is calculated based on repair costs the assumption being that the rerpairs will be done.
Take him to court, you'll be helping other people as well.
Wouldn't you be able to go to Landlord/Tenent court for this.... if you have proof on how the apartment was left you should get your deposit back.
OK, maybe I've been ripped off, but I did get my deposit back once: Irvington, NJ (of all places) at Maple Garden Apartments - 12 Marshall Street, Irvington, NJ - arguably the worst place in the world.
I guess my landlords all saw me coming, eh? Maybe I'm a rube?
My home owning experiences have been much better than my rental experiences, though .
OK, maybe I've been ripped off, but I did get my deposit back once: Irvington, NJ (of all places) at Maple Garden Apartments - 12 Marshall Street, Irvington, NJ - arguably the worst place in the world.
I guess my landlords all saw me coming, eh? Maybe I'm a rube?
My home owning experiences have been much better than my rental experiences, though .
-Eric
LOL... I think a lot of landlords do try and play this game in hopes that the tenant wouldn't put up a fight. I've had my fair share of bad landlords but none really tried to keep my deposit. I guess I was just lucky I guess because I would have fought for it back.
A couple of years back I ended up with the worst landlord ever which refused to make repairs after numerous letters and requests that I sent. My finally letter told her to use my deposit as my rent because she never notified me of what bank my deposit was in. When she took me to court I won because she never told me what bank my deposit was in she had to use that as my rent and she was ordered to make my repairs. I'm glad I did this because I know this landlord would have definitely tried to keep my deposit. I also think a lot of landlords play these games because they themselves don’t know the laws or they are hoping that you don’t know them. As soon as this landlord started with her crap I research the Landlord/Tenant laws.
I'm glad you at least have better luck as a homeowner though ...
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