Legal Question in Business Law in New Jersey

new jersey landlord charged almost entire security for carpet removal. i lived there 12 yrs and it was there when i moved in. they said that they didnt put it in cause it was 2 different colors. when i called i told them i would not put pink carpet in my sons room. they said i would have to prove that i didnt put it in since they only put in one color. they said that the old managers didnt keep records. i told them this is bull. dont know what to do with this injustice


Asked on 10/21/11, 5:23 am

1 Answer from Attorneys
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

You can file a Complaint with the court. Under the Security Deposit Law, if you prove that the landlord failed to return all or a portion of the security deposit that should have been returned, you can get a judgment for DOUBLE the amount that should have been returned. The law provides for double as a penalty. The judgment can also include costs and attorneys fees if you utilize an attorney. You can sue in either Small Claims court (up to $3,000) or the Special Civil Part (up to $15,000). Small Claims court is a little faster but you may not want to limit your damages to $3,000 and also you will not be able to conduct discovery in Small Claims court as you would in the Special Civil Part.

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Answered on 10/21/11, 8:37 am


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