Legal Question in Real Estate Law in New Jersey

Recovery of Security Deposit

I moved out of my apartment 2/28/99. I received notice from my landlord 3/21/99 that she was keeping my entire security deposit of $1,462. She did not include interest as she was unaware she was supposed to include this. Some of the charges were legitimate, however the majority were excessive. (She was originally demanding $2,200 for full rpelacement of 14 year old carpets, she is demanding full replacement of 14 year old sinks due to cigarette burns--$1,500 for these). I have requested numerous times to see copies of her work estimates and copies of actual receipts for work done. My last request, sent 8/10/99. My landlord replied that she had received verbal estimates at Home Depot and none of the work had been done yet because she was waiting for a convenient time for the tenant. I am sending a final request for information today (1/29/00).

Is there anything I can do to recover my security deposit?


Asked on 1/29/00, 11:15 am

2 Answers from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Recovery of Security Deposit

Yes, you can file suit against the landlord yourself, or you can hire an attorney to do so. You may also have a claim against the landlord over and above the amount of the security deposit, although this is hard for me to tell, based on the information that you have given me. I would suggest that you consult with

an attorney as soon as possible to determine your rights. If you want me to assist you, call me at 856-546-8010; mention LawGuru and your first conference is free. Good Luck! Rob Gleaner

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Answered on 2/01/00, 9:03 am
Walter LeVine Walter D. LeVine, Esq.

Re: Recovery of Security Deposit

Bring a suit in the Small Claims division of the Superior Court in your County of residence. You can call them for the forms. The forms are simple to complete. Simply describe the fact that the lease was terminated, demand for security deposit and interest accounting was made and refused, and that the landlord arbitrarily deducted alleged damages exceeding the security, withour providing any proof of damages. Ask for return of deposit with interest.

The Court hearing is informal - sort of like on TV. The Judge will require the landlord to proove damages with receipts and costs, and listen to your side and then decide who is entitled to what.

Walter

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Answered on 2/01/00, 9:52 am


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