security deposit from landlord(Bayonne, Hudson)

[Raj G.]

Hi ,

Subject : NJ Small claim court on security deposit issue , landlord didn't return.

I was living in 1 unit of a 3 unit building.

all 3 units are occupied by tenants.

I lived there for around 6 years, after that I bought my own home near by in same city(Bayonne)

Before leaving I gave proper 30 days notice as mentioned in our agreement,

Landlord requested me to stay 15 more days I agree on that also, and paid all rent .

landlord's property manager came twice on property and did inspection and didn't complain on any thing.

We left the apartment in good condition other than wear and tear that caused by 6 years with 2 kids.

me and my wife worked really hard to clean every thing after we moved all our stuff.

once I left I didn't get any email or statement of damages for 30 days( we left on Dec 15th)

on 31st day(Jan 16th) I got email from landlord with lots of pictures like dirty carpet(some spots), graffiti on wall, some holes on door.

Carpet was generally clean, but there were some spots at one place that I couldn't clean, also graffiti on wall m made by my who grew up there from age of 6 months to 6 years.

these graffiti could be easily washed away or erased, but property manager told me , since there was no paint in last 6 years, so they would paint it so I didn't work on that.

door had hole because of stopper, it was striking with door, so it was quite natural as door were hollow from inside.

, so for 30 days no email from landlord, on 31st day he sent me lots of pictures mentioned different type of damages.

In the mean time other tenant told me that landlor has modified the apartment and added one more bed room, but dividing the living room.

after around 37 days landlord sent me a cheque of around $300 out of $2500 deposit.

This is my situation, please advise.

[Marcia Maynard]

Your question is better suited for the Renters Discussion forum.

Renter's Discussion: "This is the forum for renters who are looking for advice in dealing with their landlord. Ask questions about dealing with landlords, leases, tenant rights and other important issues."

That said, disputes about security deposits are very common. I don't know landlord-tenant law for your jurisdiction. The landlord may have been right in withholding what he did or he may have been wrong. There is too little information to go on from what you posted. If you want to dispute this, do so and provide proper documentation. Tenant unions or consumer advocates who know and understand the laws for your jurisdiction may be able to offer you some guidance.

Some things that both landlords and tenants need to keep in mind:

1. Use a good rental agreement that is detailed enough to reduce misunderstandings.

2. Have all significant requests and subsequent agreements clarified in writing.

3. Keep good documentation.

4. Communicate with each other in an open and honest manner during the tenancy and during the move-out process.

5. Do a final walk-through together.

6. Understand the difference between ordinary wear & tear vs. damages.

7. Understand the life expectancy of appliances, furnishings, and building structures.

8. Know the time period within which the landlord is required to mail their final report about the security deposit and any refunds due, as well as the acceptable manner in which this should be done.

When we write our final report we use these categories:

Amount held as Security Deposit: _____

Less Deductions for Unpaid Rent: ____

Less Deductions for Unpaid Fees: _____

Less Deductions for Missing Items:_____

Less Deductions for Damages:_____

Less for Extra Cleaning: _____

Less for Unpaid Utilities: _____

For any chargeable item, we itemize what it was. Sometimes we itemize an item, even if we are not charging for it, and write N/C (no charge) next to it.

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Good luck in sorting this out. I'd start with talking to the landlord and trying to negotiate with them if there is something you think is not correct or fair.

Be aware that the normal life of a carpet can be anywhere from 5 to 10 years. Most places will charge for cleaning the carpet after a tenancy and then extra for any stains, bleaching, rips, etc. If the carpet needs replacement, then the amount charged to you may be proportional to the amount of life that would have been left in the carpet if no damage had occurred. Note that some stains may disappear from the surface after cleaning and reappear as the stain works itself up again from the pad below. Often the pad is also damaged.

Graffiti is different than the writing children tend to do on walls. So I wonder if you are using the wrong term. If the manager told you not to worry about the writing on the wall because of their plan to paint the unit, then before moving out and returning the unit to the landlord, it is best to get that in writing or clean off the marks on the wall yourself.

If the door stopper struck the door in a manner that caused a hole, this should have been reported to the manager early on. I know what you mean about some door stoppers doing that, it's happened in our apartments too. Mostly it happens when a door is moved with more than ordinary force. Depending on how the door stopper was installed, it may be the responsibility of either party.

Cleaning is more subjective, as one person's idea of "clean" can vary greatly from another person's. Often when we do our final walk-through with a tenant, we notice things that did not get clean and we let the tenant have the opportunity to clean them before returning possession of the unit back to us. We need our unit clean and ready to re-rent. Common areas that tenants miss are parts of the range and range hood, the far reaches inside cupboards, ceiling light globes, inside the furnace and hot water heater closets and the heat ducts (take of the heat registers/grilles and see what has dropped into the duct).

Read the information in this link:

http://www.nolo.com/legal-encyclopedia/new-jersey-...

It will give you some insight on how the landlord should have approached the itemization and return of the security deposit in New Jersey. Keep the envelope in which the final report was mailed for proof of the date of mailing. The most common mistake landlords make is not mailing this in time. That alone could make a difference, because if that deadline was missed, you may have grounds for claiming ALL of your security deposit back, or at least open the opportunity for negotiating some of it back. Be fair. If you know you or your family left something missing, damaged, unclean, or unpaid, accept those items as legitimate charges.