Landlord is asking me to repair kitchen counter top

[Krishna Chaitanya gadhiraju]

Hello All,

I am moving out of the place in a month and Landlord is asking me to get the kitchen counter top repaired or replaced (pictures below). He says, I have damaged it because of water. I wasn't sure what to do because the replacement of it might cost more than my security deposit. Can someone please help me. I live in NJ. Handyman also suggested that this could be because landlord didn't put the proper cover surrounding the sink. 

Thanks you!!

[Scott M.]

Do you have any photos from your move-in?  How long have you lived there?

[Krishna Chaitanya gadhiraju]

I do not have photos of when I moved in. I have been living here since 3 years.

[Kathy Johnson]

That looks like a self rimming sink which would not require a cover/trim edge.

[Krishna Chaitanya gadhiraju]

He is asking me to fix that counter top wooden swell.

[Bjorn Ahlblad]

What is the handyman's recommendation in order to do a repair? To me it looks like a little sanding between the layers, waterproof glue, and then clamping. Replacement would be costly.

[Bill B.]

I would start “I think it was that way when I moved in, can I see the pre-move in pictures?” If there are pictures of it not being “broken” before move-on I’d get a handyman quote or have landlord do same to simply fix it. Zero chance I’d want to replace entire countertop although that compactor looks like it’s been through the war.  

You may end up in court, if there are pre-existing pictures you’ll probably be somewhere between repairs and replacements, I would GUESS repair costs. If there are no pictures you probably pay nothing. Depending on the state you may be entitled to double or even triple your security deposit back if it’s withheld for a non-valid reason. Something you may want to look up and if correct remind yourself landlord. 

[Krishna Chaitanya gadhiraju]

Originally posted by @Bjorn Ahlblad:

What is the handyman's recommendation in order to do a repair? To me it looks like a little sanding between the layers, waterproof glue, and then clamping. Replacement would be costly.

 Thats what I was thinking as well. Handyman didn't give the quote yet but he said there is lot of labour involved and could be expensive.

[Krishna Chaitanya gadhiraju]

Originally posted by @Bill B.:

I would start “I think it was that way when I moved in, can I see the pre-move in pictures?” If there are pictures of it not being “broken” before move-on I’d get a handyman quote or have landlord do same to simply fix it. Zero chance I’d want to replace entire countertop although that compactor looks like it’s been through the war.  

You may end up in court, if there are pre-existing pictures you’ll probably be somewhere between repairs and replacements, I would GUESS repair costs. If there are no pictures you probably pay nothing. Depending on the state you may be entitled to double or even triple your security deposit back if it’s withheld for a non-valid reason. Something you may want to look up and if correct remind yourself landlord. 

Thanks Bill. I will ask him for the pre-move in pictures. I don't think there are any pictures with the landlord. If there are any, I will ask for the quote from handyman to fix it. Handyman said that it is labour intensive and might be a lot of money. What do you suggest if there is a quote and how much do you think I should pay?

Is it easy to file a case in the court in NJ? Do I need to get a lawyer?

[Bill B.]

Sorry. No idea on Nj court. But I assume this would be small claims court stuff. Without pictures and you saying it was like that when you moved in I think you prevail but you never know. I assume a handyman should be 50-75/hour and this can’t take 4 hours. So $200-$300? I guess get a quote on a new laminate countertop ti might be cheap as well?

[Krishna Chaitanya gadhiraju]

Okay, he showed me a very old picture saying "It was definitely much better".

[Luciano A.]

@Krishna Chaitanya gadhiraju

Those countertops and compactor are as old as my grandmother. Go onto youtube and search how to repair the laminate countertop. I am sure someone got a video from the University of Youtube. If you put crazy glue or gorilla glue then use painter's tape to hold it in place for a few hours, you might be able to get the seem to close up a little. Otherwise, get caulking that matches close to that countertop and fill in with caulking. As a landlord, I would be embarrassed renting out a place like that with such old appliances. I bet he would have done what I just outlined himself if you would have called him when you noticed it. He doesn't seem to be the type that rehabs his place until it is destroyed. 

Before you move, clean the compactor, all the kitchen area and take a bunch of pics in good lighting and save them for your records. In case he damages it more and comes back to claim that is how you left it. 

Best of Luck 

[Marian Smith]

@Krishna Chaitanya gadhiraju I would not spend alot of money repairing the countertops if your landlord will be the type to take all your deposit anyway. He can refuse to give you your deposit and bill you for the excess cost of the repair but you can tell him it was damaged when you moved in and damaged laminate always gets worse because the damaged areas let water in. Don't pay anything over your deposit. you should actually get your deposit back based on depreciated age of the countertop especially if it was already in a deteriorated condition. Why should you pay 100% of a brand new countertop to replace one that he has gotten 30 years use out of..or more. No judge would allow that. He would have to file in small claims to force you and he has no case with that old of a kitchen. You should take him to small claims if he keeps a large deposit. also, Next rental take move in pictures and note all damage on your property condition statement and keep a copy.

[Allan Smith]

If you are talking about countertop corner edge, that's just wear and tear on a crappy countertop. Not your problem. You could try clear super glue tho and get the heck out of there before LL finds more nonsense.

[Theresa Harris]

I agree with Luciano.  Also talk to another handyman.  It shouldn't take that much time to glue and clamp them.  I think your handyman is taking advantage of you.  Talk to someone who installs laminate countertops and ask if they have someone they can recommend for repairs.  Explain that the edge is coming off.

[Nathan Gesner]

That is a piece of crap countertop and I can tell this is not a very nice kitchen. It's a thin piece of laminate glued to a wood countertop, likely pressboard, and probably 20 - 30 years old. If it were 30 years old and originally cost $3,000 then today's remaining value is $100. Bottom line: it's an old piece of crap and the "damage" pictured is extremely common and should be considered "ordinary wear-and-tear." I suspect your Landlord is just trying to justify keeping your deposit.

The laminate starts to separate over time and - since it's right in front of the sink - water gets inside. As the wood gets wet, it swells and makes things worse. Check Youtube for a repair video. Or hire a contractor for $100 - $200 to do what he can to fix it. There's no way on God's green earth that you should be responsible for an entire countertop just to repair ordinary damage to a 30-year-old counter. Even if you were responsible, you can't be held responsible for the entire cost of a brand new counter. The Landlord can only charge you for a depreciated amount.

I don't know the whole story, but it sounds like maybe you shouldn't do anything. Even if you try to repair it, the Landlord may claim it's unsatisfactory and keep your entire deposit. It may be better to get him to agree to hire a contractor together or just leave it alone and see what he does after you vacate.

[Andrew S.]

This is the kind of stuff that gives all landlords a bad reputation.  To me, these look like old, worn out cabinets, counter tops and appliances.  I would never even CONSIDER charging my tenant for this repair after a 3 year stay, even if there were “move-in pictures” where the counter looked ok.  Clearly, this is normal wear and tear for such a dated setup and in such a vulnerable location.  If it were me, I would fight the landlord on ANY deposit withholding for this.  You are in a pretty tenant friendly state, so you are very likely to prevail in small claims court, based on the info you have shared.

[Krishna Chaitanya gadhiraju]

@Luciano A. Thank you. At this point he is still saying the same old thing "You have to give me the way it was before.

@Marian Smith I agree with you, I can easily win it in court. I am not sure I will have time as I have to move out of NJ. I am really not sure what my options are. I am trying to negotiate to settle amicably.

@Nathan Gesner I am okay to negotiate and pay 100$ for it instead of going to court. I need to talk to him.

[Julie Hartman]

@Krishna Chaitanya gadhiraju That's normal wear and tear all day long. That kitchen is garbage. I would squeeze some glue in there, put some heavy books on it, let it dry and call it a day. Let him try to take your deposit for that and see how far he gets. Make sure you clean every square inch of the property really well and take photos when you are done. 

[Krishna Chaitanya gadhiraju]

@Andrew S. Thank you! Do you know how much does it take in small claims court.

[Scott M.]

First, I think that trying to deescalate the situation is the right approach.  Both parties should be trying to do this.  This is a $100 or less fix so offering $100 is more than fair.  Also, we don't know the condition at move-in but this seems to be normal wear and tear over a 3 year lease on a very old counter.  This was not new when you moved in.  It is far past the acceptable life of that counter as well and trying to hold you accountable for 100% of the cost is silly.  If he got 15-20-30 years out of that counter you are responsible for a very small percent of that.  Make your offer in writing, or at least follow up in writing so you can show a court if it comes to that.  Judges generally look favorable on the party that was trying to deescalate and come to a resolution VS those who are holding firm.