Legal Question in Landlord & Tenant Law in New Jersey
Landlord/Former Tenant Dispute
Lease ended June of 2007, but
in May of 2007 I made a verbal
agreement to stay month to month as
long as I give 30 days notice. After a
bed bug outbreak happend twice (once
in 11/07 and again in 9/08) he called
exterminators to have it handled the
first time, but was reluctant the
second. After my 4 year old suffered
an allergic reaction to a bite,I decided
to send him my 30 day notice on
9/26/08 for me vacating on 10/31/08.
I did as promised, took pictures, place
was immaculate, then turned the keys
over to the super with my fianc�e's
dad as a witness. I did not receive my
deposit until 12/23/08. Came in the
form of 2 checks for $600, along with
2 copies of an ''Explanation of
Deductions'' letter. In the letter was no
deductions, but a threat to sue me for
rent for 11/08 because he claims he
did not get his keys until 11/06, and
an extermination bill, both totaling
$1870.6 days after I deposited them,
he put a stop payment on 1 of the
checks. I would like to take him to
court, I have
timestamped pictures of the
apartment, my daughters leg, her
dermatology bills, copies of the deposit
checks, and the receipt for the deposit.
1 Answer from Attorneys
Re: Landlord/Former Tenant Dispute
Disclaimer: By reading this response you understand that I do not represent you and that unless you enter a formal retainer agreement with me, I do not represent you nor does it establish an attorney-client relationship between you and me. This answer is given to you for informational purposes only and you are advised to formally retain counsel rather than rely solely upon the information provided in this communication.
I have dealt with this situation before but was on the landlord's side. The question is, where do bedbugs come from? If you caused the bed bug infestation, then he had a right to deduct from your deposit the cost of the extermination. But, it appears he did not deduct that amount and would prefer to sue you. You can take him to small court to request double the return of the amount of the security deposit that was rightfully due to you, if there was any that was rightfully due to you. This will depend upon the facts you present and probably whether you can prove that you did not cause the infestation. He may also countersue you for the amount of the extermination bill that your deposit did not cover.
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