Legal Question in Real Estate Law in New Jersey

Security Deposit

It is my understanding that a landlord can not deduct monies from a security deposit unless damages are considered beyond normal wear and tear. What if the signed lease states the tenant is responsible for painting the apt. and for professional carpet cleaning upon move out (as mine states)? Is this lease valid? I have been charged $200 for carpet cleaning and $360 for paint after a 1 year lease. I am considering small claims court. Any advise will help!

thank you


Asked on 8/06/06, 1:25 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Security Deposit

that sounds like a ridiculous lease agreement. did you know that was in the lease when you signed it? you MIGHT win a small claims court fight. it does NOT sound like it is worth paying a lawyer to assist you.

good luck to you.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/07/06, 11:21 am
Walter LeVine Walter D. LeVine, Esq.

Re: Security Deposit

I do not entirely agree with Bob. You signed a lease containing this language, which put you on notice there could be post-moving charges for which you were responsible. This is an obsticle you would have to overcome if you sued. Did you take pictures of the apartment just before you moved, verify the bills and/or take pictures showing no work was actually done? These matters may have a bearing on whether you can recover any of the money for which you were charged. Small claims allows you to raise these questions without using an attorney, but if you lose the case, you could have to pay the landlord's attorney. This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship. Different or missing facts could change the response.

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Answered on 8/07/06, 12:08 pm


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