Legal Question in Landlord & Tenant Law in New Jersey

I have a little situation on my hand and I need some legal advice as soon as possible. I was living in an apt for two years, the first year was included in the lease which I signed but never got a copy of, they kept putting it off when I asked for it. The second year I was living month to month, and also on the second year I got a puppy and he did a bit of damage to the carpet that was on the floor. When I told the landlord I was moving I asked her what do I need to do to get my deposit back and she told me to remove the carpet because there were hardwood floors underneath, turns out when we remove the carpet the floor has dark spots, linoleum stains, scratches and It was all faded. When she saw the hardwood floors she blamed it all on the dog and told me that I needed to fix it, So my mistake was that I hired a family friend to buffer and stain the floor and he messed the floor up even worse than it was before, he did a horrible job and i know you're probably going to advise me to take legal action against him but being that he's a family friend I just rather not. So now the lady wants to take my full deposit and is also threatning me to sue for the difference that's going to cost her to fix the floor and make it the way it was before. Now when the carpet was removed I paid out of pocket 150 dollars, and when the floor was stained I paid for the materials a total of 150. So now this lady owes me $850, and out of pocket I've spend $300. She refuses to return my money, I even spoke to her lawyer and he's saying that I should be paying her the difference. Now my thing is that the two years that we lived there she never once painted or did any maintenance, second I removed the carpet without knowing what the floor underneath looked like, now she blames it all on me but how do i know for sure that it wasn't like that before, there are no pictures or anything . What can I do to get my deposit back I've tried being nice and working with this lady, I know I should have just left the carpet the way it was because I'm pretty sure it wasn't as bad as the mess i got myself into. now i'm out of my deposit plus the out of pocket money to repair the floor. Do you think I have a case against her? please email me or call me with more feedback , I need some direction.

Thanks

Jessica


Asked on 11/05/10, 12:27 pm

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Am I correct in assuming that you no longer live in the Apartment. I think that you indicated that but I am not certain. So initially did you move and if so, how long ago did you move. New jersey Law requires that once the landlord Tenant relationship ends, the Landlord is required by statute to return your security deposit within thirty days or provide reasons in writing concerning why the deposit is being withheld or a portion of it is being withheld. did you move more than thrity days ago and did the Landlord provide you a letter sent by certfied mail stating that she is refusing to give you back the $850.00 and stating why she is refusing to so? The reason for these requirements is that the security deposit is not the Landlord's property, it belongs to the Tenant and the landlord is required for the duration of the tenancy to keep the money in an account earning interest. If the landlord fails to return the security within thirty day or provide her reasons in writing why she or he has refused to return it, the Landlord could be liable to the tenant for twice the amount of the deposit.

If the landlord has done this, you could obviously still sue the landlord to get back the money, but the landlord will obviously defend the case based on the reasons you stated. She could potentially file a Counter Claim if she is claiming that you damaged her hardwood floors, It sounds like she may not have a strong claim on this issue. If she violated the security deposit act, you stand a much stronger chance of beating her if you take her to Court. please feel free to call me to discuss it further (201)-894-9498. I never charge a fee to speak to someone and would be willing to represent you for a reasonable fee. keep in mind my answer is based on what you have stated, You can not fully rely on the advise of a lawyer unless that lawyer has been retained. However, please feel free to contact me as I would be interested in clarifying your question. all the best

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Answered on 11/10/10, 3:48 pm


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