Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-06-2015, 01:56 PM
 
36 posts, read 39,650 times
Reputation: 15

Advertisements

Just looked up the certified mail tracking number. LL brought itemized list to be mailed on August 4th.
Reply With Quote Quick reply to this message

 
Old 08-06-2015, 02:00 PM
 
36 posts, read 39,650 times
Reputation: 15
Thanks AZ Manager and Corn-Fused. I'll get this show on the road.
Reply With Quote Quick reply to this message
 
Old 08-06-2015, 02:02 PM
 
2,684 posts, read 2,403,544 times
Reputation: 6284
Quote:
Originally Posted by theresonlyonemello View Post
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.
Reply With Quote Quick reply to this message
 
Old 08-06-2015, 02:02 PM
 
3,461 posts, read 4,709,161 times
Reputation: 4033
Good luck and please report back on how it ends up for you.
Reply With Quote Quick reply to this message
 
Old 08-06-2015, 03:31 PM
 
Location: North Idaho
32,664 posts, read 48,104,757 times
Reputation: 78505
Quote:
Originally Posted by theresonlyonemello View Post
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.
Reply With Quote Quick reply to this message
 
Old 08-07-2015, 08:20 AM
 
36 posts, read 39,650 times
Reputation: 15
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.
Reply With Quote Quick reply to this message
 
Old 08-07-2015, 08:42 AM
 
36 posts, read 39,650 times
Reputation: 15
Quote:
Originally Posted by NYCresident2014 View Post
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!
Reply With Quote Quick reply to this message
 
Old 08-07-2015, 08:58 AM
 
Location: Las Vegas, NV
128 posts, read 152,201 times
Reputation: 165
Quote:
Originally Posted by theresonlyonemello View Post
I feel bad for LL's in NJ - the law makes it vital that LLs keep track of the lease, etc. Man!
heaven forbid they track their business.
Reply With Quote Quick reply to this message
 
Old 08-08-2015, 07:38 PM
 
36 posts, read 39,650 times
Reputation: 15
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.

I plan on updating as we go forward.
Reply With Quote Quick reply to this message
 
Old 08-08-2015, 08:47 PM
 
3,461 posts, read 4,709,161 times
Reputation: 4033
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.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6. The time now is 03:08 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top