Landlord not returning security for painting entire unit

[Elizabeth Garcia]

I was renting an apt. for 3.5 years, 60 days before the lease expiration landlord informed me she was not renewing the lease for a 4th year. I found an apt right away and asked her if she would agree to an early termination of 30 days. She did I have a text stating she spoke to her realtor and it was fine and confirmed I would leave the 30th of June so she could put a July 1st lease date. I left the unit 6/30/18. On 7/28/18 I got a letter from her stating she was not returning my security deposit of $2,100 due to repairs the apt required. The repairs were painting the entire unit for $1,650, a ceiling fan she claims was broken for $125, a stove filter for $170 and cleaning the unit for $320, she also has small items like a door hinge. All amounted to $2,300 so she claims I was short. The photos she provided are a few scratches on the wall from furniture, a few scratches on the hardwood floor and mold in the bathroom that was there even when I moved in. In the lease she allowed me to have 2 dogs now she is claiming the dogs caused scratches on the wall (have no idea how she came with that since she never saw them) and were barking (not sure what that has to do with anything). She also stated the dogs were suppose to be caged which is no where in the lease or was it ever discussed. I would like to know your opinion on my chances to get my security deposit back in full? I feel she is being vindictive and an inexperience landlord since I was her first tenant (her son occupied the unit prior).  The son made all the repairs to the unit which at times were not correct. Being a tenant for 3.5 years the unit was accepted with the original paint I never re-painted nor did I ever use pictures, curtains or any wall fixtures given the apt was very nice and I didn't want to have issues when I left. Reason I am in shock she would go this route. Please provide your honest opinion. 

[Chris T.]

Hi Elizabeth,

1st question is if any of this is captured in your lease? Does it say anywhere in your lease that you are responsible for painting, filters etc?

If not, you have a very strong case for her not following the standard tenant laws for NJ and the Tenant Protection Act of 1992. Make sure to review the NJ truth in renting document and educate yourself on the laws.  https://www.state.nj.us/dca/divisions/codes/public.... 

"Deductions may include the cost of any damages over and above normal wear and tear, and any other money due the landlord under the terms of the lease."

As Anthony mentioned, this sounds like normal wear and tear. If I was in your shoe's I would inform her of these laws and let her know that I was ready to get a tenant lawyer if needed.

NJ Truth in Renting: "If a landlord fails to return the security deposit within 30 days, or the tenant disagrees with the amount deducted, the tenant may sue for double the amount of the security deposit that the tenant contends was wrongfully withheld."

Good luck