Legal Question in Real Estate Law in New Jersey

sueing landlord for withholding security deposit

I lived in an apartment complex in Pennsylvania for 1 year. I did not renew my lease at the end of the 1 year on good terms with perfect rental payments. The owner's of the apartment complex are located in New Jersey. The landlord did not refund $747.00 of my security deposit claiming that there was damage done to the carpet and it had to be replaced. They also charged me for cleaning, when in fact the day I moved I cleaned the entire apartment and it was in spotless condition. The letter that they sent me gave me a very vague discription of damages and cleaning involved. when I disputed the non-refund they refused to return any monies claiming now that there was a bleach stain on the carpet. I have pictures the last day that I was in the apartment that show a different story. My question is, I went to file a small claims suit in Pennslvania and they said that even if I won the case that the PA court could not enforce the judgement, so I had to file in NJ in there county. I'm not sure what statute the judge will go by. will he go by New Jersey statute or Pennsylvania statute. There is a claus in the lease which states that they are bound by Pennsylvania statute. Which one will the judge consider?


Asked on 1/02/03, 10:45 pm

2 Answers from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: sueing landlord for withholding security deposit

If the Landlord owns property in Pennsylvania the judgement will be a lien against that property. You can also attach rentals they received from their Pennsylvania tenant. However, if you file in small claims you will have to record any judgment against them in the local county in order to attach rentals or place a lien. I suggest you consult with legal counsel. For a small fee I can advise you what to do. Let me know if I can help. Gerald Hershenson Esq. 215-579-9390

Read more
Answered on 1/03/03, 8:44 am
Walter LeVine Walter D. LeVine, Esq.

Re: sueing landlord for withholding security deposit

Judgment becomes a lien against property, so you have some protection in Pa. Your judgment could also be recorded in NJ for execution on assets in NJ. Or, you could simply sue in NJ where they are located and seek triple damages for refusal to return your security deposit. They must show proof of damage and bills for repairs. Your pictures will be evidence of condition apartment was left in when you moved (I trust they are dated). It would be easier for you to get what you are entitled to if you sued in NJ where they are located than to transfer a Pa judgment to Jersey. I suggest using a local NJ attorney where they are located.

Read more
Answered on 1/03/03, 10:30 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey