Legal Question in Landlord & Tenant Law in New Jersey

That depends on what caused the chips to get knocked out of the tubs.

If the tubs are old, or the damage existed before you moved in, you are more likely to win a small claims lawsuit.

I have filed several of these suits for tenants. I can not tell whether you will win or lose, but I would suggest you write to your landlord, explain that you did not damage the bathtubs, and demand your money back. Then wait 30 days, and file suit if he does not give the money back.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. (Note: Even if you forget to ask for double the amount of money when you fill out your complaint, the court still must give you double because the law requires it.) Cite: N.J.S.A. 46:8-21.1; Gibson v. 1013 North Broad Assoc., 172 N.J. Super. 191 (App. Div. 1980); Hale v. Farrakhan, 390 N.J. Super. 335 (App. Div. 2007). If some of the deposit was returned, be sure to ask for double the amount that you feel the landlord should not have deducted from your deposit. Cite: Cottle v. Butler, 257 N.J. Super. 401 (Law Div. 1992). If you go to Small Claims Court, also write on the complaint the words �together with interest and costs of the suit.� This means that you will get the interest and the money that it costs you to file the complaint ($20 plus mileage). The court should also award you reasonable attorney�s fees if you hired an attorney.

The wrongful failure to retain a security deposit, following a demand for same, is compensable by the award of triple damagers. three times the amount of the withholding. What do you think?