Legal Question in Landlord & Tenant Law in New Jersey

I used to reside in an apartment building, at the time my lease was to be renewed for another year I went on a month to month lease since I would be moving out before the end of the year. We paid the rent until the end of Feb., 2010, but we moved out in the middle of Feb. We were planning to have the walk-through with the landlord at the end of February. However, when we returned to the apartment before the end of February to clean up the apartment, we found out that the landlord has started renovating the apartment, without notifying us. We had no chance to take photos of the apartment as it was when we moved out.

Now we received a letter from the landlord stating that he is not returning all of the security deposit due to 'damages and cleaning'. Instead we have to pay him around 3000 dollars. His claimed damages and cleaning includes changing the kitchen and bathroom floors and the new stove. We feel this claim is unfair, as these damage items should be considered as normal wear and tear.

We have decided to take the landlord to the small claims court. But we don't have any pictures. And we don�t know whether the landlord has pictures of the condition on move-out. What can we do to win the case?

BTW, the landlord didn't give us notice in writing of the name and address of the bank (or other lending institution) where the security deposit is being held within 30 days of the receipt of the security deposit from the tenant.


Asked on 4/26/10, 11:39 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

If what happened is as you say, then this is almost fraud or theft. Not quite but close.

Landlords who do not return the tenant's security deposit can be sued for twice the money owed plus attorney fees.

I have filed this kind of lawsuit several times, and I would like to meet with you and see what I can do for you. I would be sure to set this up so you do not end up owing me money for attorney fees!

This kind of thing is not too common. Probably because lawyers like me punish the jerks who do it.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 5/04/10, 9:11 am


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