Legal Question in Landlord & Tenant Law in New Jersey

I subletted a room in someone's home while I was going to school. There was no lease or security deposit, and he said that I could move out whenever I wanted to. Within the first month of moving in I burnt a small portion of his laminate countertop. I showed him the damage and told him that I could have my father in to look at it, but he said "don't worry about it." After living in his house for two months I found that I was not comfortable with him and decided to move out. He then demanded $400 for the damage to the countertop. I told him that he could keep the remainder of the month's rent,$200. He said I would not receive the remaining rent since I decided to move out early and broke the lease. Again there was no lease, and he said that I could move out whenever I wanted to. He then refused to let me remove my belongings, so I was forced to call the police. I offered cheaper alternatives to fix the damage (such as inlaying tiles or a cutting board over the damage) but he declined and wants the entire counter replaced. Now he is demanding that I pay him $200 on top of the rent he has from me, or face being sued for the cost of replacing the entire counter.

I believe that since he initially told me "do not worry about it" and then changed his mind 2 months later, I should be absolved this repair. He acknowledged in front of the police officers that he said not to worry about it, but only because he was "trying to be a nice guy."

What are the best options available to me?


Asked on 11/23/10, 9:12 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

You may have to defend the matter in Small Claims court. The landlord is not obligated to let you repair the damage or to use other alternatives. However, the landlord is not entitled to more than the reasonable cost of repair to the countertop which may be less than replacing the whole think. Collect your evidence. Get a copy of the police report and see if the countertop is mentioned and what was said. Retain any photos that you have. See if the landlord will let you have an installer look at the damage in order to get an estimate of the actual cost of repair. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/29/10, 6:46 am


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