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Ok, sorry everyone. Let me get all the dates right here.
Moved out on Sun, May 31st.
Handed over keys to LL on Wed, June 3rd.
LL did not do walkthrough until Wed, July 1st (gave no itemized list of damages that day).
Received itemized list of damages on Thurs, August 6th.
That should set everything straight.
I just wanted to quickly chime in- DEFINITELY SUE. NJ has an amazing law to protect renters- if you don't get your security deposit returned within a set timeframe (I think 30 days but just going off of memory), you get to sue for TRIPLE. Obviously this doesn't apply to any charges that the landlord rightfully withholds from the deposit, but if he withholds and is incorrect, he has to pay you triple.
It's pretty great actually. So if he withheld for stuff that definitely isn't your fault, file a claim in small claims. There is even an exception in small claims that allows you to bring triple damage claims in small claims court even if it is over the small claims limit, so long as 1x the damage is under the limit.
I had to use this wonderful law once when a former LL tried to withhold from my security deposit for things in the house that broke due to old age (fridge died, drier leaked gas, and CO detectors stopped working, all of which were LL issues not tenant issues). The LL was fighting me tooth and nail until I emailed a copy of the NJ law, and then I got a check for the remainder two days later.
AZ Manager, thanks for your input. I understand that the tile depreciates, but man one lightly cracked tile (no shifting of pieces) and suddenly the entire tile needs to be replace for over $2000? Paying for the replacement and regrouting of one cracked tile makes sense to me - not an entire floor change.
That only works if identical tile is still available.
I don't think tile depreciates, or if it does the time span is extremely long. Tile floors can last hundreds of years.
Thanks oregonwoodsmoke! (Side note - great username!)
By "I understand that the tile depreciates", I think I meant that I understand that all things depreciate. Everything does. But you're right - tile should take a very long time. And I don't think my LL understands that.
LL said he can't find the tile he used for the floor, so that's one of the reasons why he wants to retile the entire thing on my dime. Again, the tile that is cracked is in no way obstructive to walking. It's a chip that is smaller than the size of a dime. I couldn't even fit my pinky toe in the crack.
I just wanted to quickly chime in- DEFINITELY SUE. NJ has an amazing law to protect renters- if you don't get your security deposit returned within a set timeframe (I think 30 days but just going off of memory), you get to sue for TRIPLE. Obviously this doesn't apply to any charges that the landlord rightfully withholds from the deposit, but if he withholds and is incorrect, he has to pay you triple.
It's pretty great actually. So if he withheld for stuff that definitely isn't your fault, file a claim in small claims. There is even an exception in small claims that allows you to bring triple damage claims in small claims court even if it is over the small claims limit, so long as 1x the damage is under the limit.
I had to use this wonderful law once when a former LL tried to withhold from my security deposit for things in the house that broke due to old age (fridge died, drier leaked gas, and CO detectors stopped working, all of which were LL issues not tenant issues). The LL was fighting me tooth and nail until I emailed a copy of the NJ law, and then I got a check for the remainder two days later.
Thanks NYCresident201! I've read some about the law and how it protects renters. I've heard about the double or triple suing option. I read that NJ law states that you automatically sue for double, as that is what the law is required to give to you. I feel bad for LL's in NJ - the law makes it vital that LLs keep track of the lease, etc. Man!
We are currently in discussions with an attorney, to see what the next step is.
At this point, I'd like to "get my ducks in a row" in order to send a message to my former LL regarding what the law says and what I'd likely get as a verdict in court. I know that sounds like a passive aggressive threat (which is not my style at all), but I feel LL is being passive aggressive toward me by keeping $1800 security deposit and asking for $6000+ on top of that for damages to apartment. I know I can't convince any of you on the forum that there's no way we did $8000+ of damages to that apartment, but we didn't haha! I just can't fathom it. No kids. No pets. Just two quiet, normal people haha. Sure, there was some damage we were totally willing and planning to pay for (holes in walls and the like), but don't know how we did $8000+.
So anyway, I didn't want to go on my own writing a letter or having a conversation with LL without getting attorney feedback. I know with small claims court in NJ, sometimes you can't have an attorney with you, but I wanted to, like I said, "get my ducks in a row" before going forward. Thanks to everyone for advice on this forum - it has been extremely helpful as a guide.
Good for you for getting legal advice on your situation and how to proceed. That is the best and only thing you can really do at this point.
Lots of luck to you and I am definitely interested in updates as you proceed.
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