Legal Question in Real Estate Law in New Jersey
Liability for water bill after close of lease
My husband and I ended a lease on a condo 1/2000. The agent of the Landlord stated she was not happy with the condition of the condo. We did not receive any of our securities monies back which was $2137.50. We never received any written explanation of how this money was disbursed. We intentionally "let it go," not wishing to be humiliated any further by Landlord's agent. Six months later we receive a water/sewer bill for over $500, sent directly from the Township at Landlord's agent's request. Our lease stated we were responsible for water (not sewer), but we never received any bills while we were living there. If we do not pay it, the Landlord is responsible, and it is possible he will try to sue us to recover the money. Are we responsible for this bill? Are we responsible for only the water part?
Can we argue that our security monies should have covered this obligation?
3 Answers from Attorneys
Re: Liability for water bill after close of lease
Under the lease, you were probably liable for 'waste', or causing damage or allowing damage to occur to the property. You should always document by camers and/or video, the condition of any leased proerty you lease to or lease from anyone!
What was the condition when you moved in, and what was it when you left? Could any damages you caused cost ofer $2137.50? In ANY event, the landlord MUST give you an accounting of any money with held within 30 days after termination of the lease. The landlord is in violation of NJ law. You may want to file suit.
As far as the sewer bill goes, look at your lease, th elease terms control. Does it say you are responsible for ALL expenses, or does it list the expenses? If there is any ambiguity, you should not owe the sewer payment. If you don't, send the bill back to the township and tell them you do not owe them for the bill, and that you were never obligated to do so.
Look at the lease. If there is any question, speak with an attorney.
Good luck.
Kevin J. Begley, Esq.
Re: Liability for water bill after close of lease
I would gladly represent you in an action against your former landlord to recover DOUBLE your security deposit since they clearly violated the NJ Security Deposit act. As for the $500 water/sewer bill you may be responsible for the "water" part pursuant to the lease but you have a good argument against paying for the "sewer" part. Call me right away for a no-cost consultation. 973-643-0040 x-104
Re: Liability for water bill after close of lease
Landlord's are required to return security within 30 days of termination of the lease, unless there is a claim for damages to the property. If there is a damage claim, the landlord must document the claim and provide proof of the expenses, also within the 30 days. Failure to do this exposes him to a suit for triple damages which you can file yourself (better to use an attorney) in the Special Civil Part of the Superior Court of the County where the apartment is located. If you took pictures of the apartment when you left, this is evidence of the extent of damages, if any. What exactly does the lease say about water/sewer, or is a broad, general provision? If you were to pay for water, why were bills never sent to you by the landlord, ot you billed directly (like gas and electric)? Is the bill a cumulative bill for your rental period, or does it cover current charges? This could also be covered by the suit to recover the security and the accounting for alleged damages. If you would like to discuss this, call me at (973)-377-3313.
Walter
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