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Background:
My Landlord was nice, but very non responsive to any issues. I had some major issues and would always need to pay for them and take it off the rent, as she would often take days to even get back to me. She also raised my rent $500 after 1 year ($2500-3000) saying she couldn't refinance the house and could not afford the current rent. We had a verbal agreement that the rent would be raised $100, but I had paid a realtor fee, so I stayed another 2 years. When I rented the house at $2500, the Realtor told me the house had sat on the market at $3000 for 3 months before they dropped the price.
I just went through a divorce, and I asked the landlord in January if I could end the lease 6 months early. She said she would put the house on the market, and if it rented, I could leave. She put the house on the market for $3750 (A $750 increase!). It did not rent (very overpriced for the area). A pipe burst during this time and flooded the basement and garage. I had a plumber fix the pipe and took it off the rent, as per her request. She did not inspect the damage or have the drywall looked at, simply told me to run a fan to dry it out. Ever since then, the downstairs and dry wall have smelled damp, but I didn't really use those areas, so I dealt with it.
As my lease came closer to an end, she started contacting me daily about prospective tenants coming through, etc. I must have shown the house 100 times. I also painted the entire downstairs as the realtor said there was an "odor" and blamed my cat. The LL then started telling me she thinks the house never rented due to a cat odor downstairs. I reminded her of the burst pipe and said I think it's a mildew smell. She continiously tried to say it was from my cat, and also the garage smell was from my cat. The kicker is, my cat doesn't ever go into the basement or the garage. This made me so paranoid, that I bought a blacklight to check the entire downstairs for cat urine, and nothing. I ended up buying an expensive enzyme cleaner and cleaning EVERYTHING down there with it, tile, walls, etc. She was never mean about this but was very pushy about the house not renting because of me.
Now, if she thought this was the reason for 7 months, why would she not have come and inspected it herself? Regardless, as the end of my lease drew near, I just stuck it out. Besides the overpriced rent, there had been severe damage during Hurricaine Sandy that was not repaired in the backyard, an odd layout, and a freight train behind the house. I personally believe these to be the reasons the house never rented.
I moved out by 6/30 and had the house professionally cleaned, and took pictures.
So it's the end of July and I have not heard a peep from the landlord about my deposit of $2,500. I was concerned that she would try to not return it due to her opinion that it was my fault the house did not rent, and all of the nonsense that's gone on the past few months. I sent her an email on 7/1 stating that I had fully moved out and the house was empty, gave her the garage door code, and left the keys in the kitchen for the realtor upon their request, and gave her my forwarding address. No response. I had just emailed with her on 6/29. I sent a letter priority mail on 7/15, giving her my updated address and asking that the balance of the security deposit be returned. No response.
NJ Law says she has 30 days. Since my lease terminated on 6/30, and its 7/30 today, are her 30 days up? Once her 30 days are up, can she still try to claim damages, or does she forefeit that right? She is so flaky, that I bet she has not even been to the house yet. It's still listed for rent. I really don't want to have to go to court, even though as per NJ State law, she'd have to pay twice the deposit.
Tomorrow is 7/31. I'm assuming it's definitely been 30 days by then, even if you're counting from the 1st. What should be my next step?
Did you ever get anything in writing in reducing the rent? That is crazy.
No, I had no legal leg to stand on.
I signed a 1 year lease when I moved in. The LL verbally told me she'd raise it $100 when the lease was up. The $100 was written into the lease, but as a "renewal option", so I don't believe that would be binding.
I paid $2500 realtor fee to get the place, which I felt would have been wasted by leaving after 1 year, so I sucked it up, accepted the $500 increase, and signed a 2 year lease to secure that price for 2 more years.
That's only the tip of the iceberg as far as shady things I had to deal with while I was there!
I moved out by 6/30 and had the house professionally cleaned, and took pictures.
So it's the end of July and I have not heard a peep from the landlord about my deposit of $2,500.
I sent her an email on 7/1 stating... No response.
I sent a letter priority mail on 7/15... No response.
NJ Law says she has 30 days.
Since my lease terminated on 6/30, and its 7/30 today, are her 30 days up?
I really don't want to have to go to court...
What should be my next step?
Small Claims court. The filing fee is minimal and you make a claim for the return of your whole security deposit plus court costs plus 2X statutory damages (if that's indeed what NJ landlord tenant laws say). Note that the latter is a discretionary judgement but you nonetheless include it in your suit.
A certified return receipt letter would have been preferable to Priority Mail but it sounds as though you've documented everything very well. Once the legal time has expired for return of your security deposit, the LL cannot reinvent the wheel and claim any damages, regardless the specific state. Bite of the apple! Yes, come tomorrow she's out of legal steam.
It's too late. She had 30 days to mail you a letter explaining all the deductions from your security. Since she has failied to do that, I think you are entitled to double back. I would head to the court house tomorrow to file suit.
It's too late. She had 30 days to mail you a letter explaining all the deductions from your security. Since she has failied to do that, I think you are entitled to double back. I would head to the court house tomorrow to file suit.
As noted, you can include that in your suit in the states which accommodate such a ruling but it's
a discretionary judgement (i.e. at the sole discretion of the presiding judge) and not a "given".
As noted, you can include that in your suit in the states which accommodate such a ruling but it's
a discretionary judgement (i.e. at the sole discretion of the presiding judge) and not a "given".
I believe that the language says you "may be" entitled to double.
Honestly, I'd rather she just return the $2500 and that be the end of it!
I believe that the language says you "may be" entitled to double.
Which was my point. Since it's part of your state law then you sue for it. Whether you get it or not is up to the judge.
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