Legal Question in Landlord & Tenant Law in New Jersey

Damages

I am the landlord. I have a tenant who has moved after and is placing a claim to their security deposit. Two months before they moved out I found out that they took use of a washer and dryer, storage facility(basement) and parking space. The washer/dryer was purchased from the prior tenant. So the usage has been for the entire lease. The lease states that there is no washer/dryer, storage or parking allowed. I gave them notice two months before the moved that I want to be compensated for the use of the washer/dryer, storage and I will throw in their parking usage. I am being sued for not returning their deposit. I did not return it. Do I need to file a small claims counter suit to recover the damages? Are they recoverable? What forms do I use in New Jersey?


Asked on 11/20/06, 12:10 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Damages

A counterclaim in the same suit is exactly what you want to do. A counterclaim is made with the Answer. Your answer should admit that you did not return the security deposit but allege that you are entitled to retain it because of amounts due under the lease (if true). Your counterclaim can repeat the amounts due under the lease and can also include anything else that you claim. For example, the lease probably doesn't include any charges for parking because the tenants were not supposed to be using parking. When you go to court, be sure to have a list of everything that you claim and why it is being claimed. Any charges that are made for things that the lease calls out as "additional rent" should be noted as such.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/21/06, 12:36 am


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