Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Brit Flaggen

Brit Flaggen has started 1 posts and replied 9 times.

Here’s the update:

I reached out to a couple of lawyers, they all said that the judge won’t be so dismissive because she was only 3 days late with her security deposit letter. It’s only 3 days, it’s not a big deal. Most of the money I would win sounds like it’ll be paid to the lawyers after I win. So I’m not going to take this to court. I don’t want to waste time and money. But, I do feel as though I don’t owe her 86.44  I overpaid my first month’s rent of 1300. If that’s the case, she owes me 13.56. How do I explain that via text simply and assertively?

Originally posted by @Joshua Diaz:
Originally posted by @Brit Flaggen:
Originally posted by @Douglas Snook:

You should be able to proceed with small claims even with her address in Vermont. Go to your local court and ask them about it. Also ask if there is a lawyer of the day for tenants (or any lawyer of the day that can help you) they may only be there certain days or times. They may or may not represent you but could at least explain the process to you and get you going in the right direction

 Hi,

I know I can proceed with her living in Vermont, I just can’t give the court her address because I don’t know it, sadly. However, I will speak to a attorney there.  

 The attorney can likely help.  But there should also be a way to use the public records by looking up the property information of the house you were in. At the very least you should get a P.O. Box .  

What I usually do it just put the following in a google search:

“ address of property “ property search. -or-“ town the property is in” property search.

Best of luck to you and feel free to pm me.  I really dislike landlords who take advantage like this.

 Hi,

You mentioned something on my post about searching for the property address on the internet and hoping her real address will pop up. It didn’t, the only address that shows is the address I moved from. And no, she didn’t live there while I was there. Anything thing else to find this apparent magician??? I might have to drive up to Vermont apparently

Originally posted by @Douglas Snook:

You should be able to proceed with small claims even with her address in Vermont. Go to your local court and ask them about it. Also ask if there is a lawyer of the day for tenants (or any lawyer of the day that can help you) they may only be there certain days or times. They may or may not represent you but could at least explain the process to you and get you going in the right direction

 Hi,

I know I can proceed with her living in Vermont, I just can’t give the court her address because I don’t know it, sadly. However, I will speak to a attorney there.  

Originally posted by @Mary M.:

I would contact the local tenant advocacy group first. I will be a lot cheaper 

Hi, 

I contacted a local tenant advocacy group called NJTO, they have said “ Because of this, I hope you can understand why the one-to-one guidance you are looking for is restricted to dues paying members only. Without membership dues, NJTO cannot survive.”

Essentially, their services aren’t free. 

Unfortunately, I cannot even afford the membership even though I want to sign up. My bank has charged me an overdraft fee due to a previous problem with the landlord of interest. The problem was me accidentally paying another month, which extended my lease. I asked the bank to return this money, they gave me provisional credit. Somewhere are I left my old apartment, the bank sent a letter asking for supporting documents. I never received the letter because I moved out so they took back their provisional credit. Now I’m approximately 1200 in debt without the overdraft fee. 

Hello everyone,

I haven’t heard a response from my landlord yet and probably never will. So I reached out to an attorney. Is there any important questions or aspects I should know or ask the attorney?? 

Originally posted by @Anthony Wick:

Small claims court, for the maximum you can, providing everything you say is true. What bothers me the most is that she wasn't even on time with any of these notices. That is a violation. Did she send you actual receipts of said charges? If it's past the 30 days she should not be able to charge you anything, regardless of damages. 

 Hi Anthony,

If she never provided me with a return address, how will I serve her with court papers? She responded yesterday when I asked to see her pictures and receipts. All she said was “I have pictures of everything as well as receipts.” Never responded when I asked her to forward me it so I can see them. She sent the letter in 33 days. I moved out October 26, the letter has a certified stamp on November 29th. On the lease it says that I will get my security deposit back no sooner than 60 days. I acknowledged her letter even when it was late by sending a text message. 

Originally posted by @Megan Phillips:

Was there an initial walk through with photos, and and move out walk through with photos? Or a list of potential charges if things aren't cleaned properly. It kind of depends on your lease, but if they don't have any proof, they'll be up a creek if you get a decent attorney. Ask for proof of costs. $187 for caulking a bathtub is hilarious. Were the oven and dishwasher broken?

They can't charge for basic wear and tear - aka the paint brushes and spackle and cleaning supplies (unless there were holes in the walls or some damage you caused).

They can't prove you caused the mold in the bathroom, unless they have before and after pictures blatantly showing it, you still should have cleaned it to the best of your ability, but even so, mold is cause by lack of airflow, generally the landlords problem.

They only have 30 days to return your deposit or the remainder of deposit and a list of what was charged out of it - any thing over 30 days, you get your money back, regardless of actual damage. Court will laugh at your contract stating 60 days.

I would go after them, you'll get your money back, probably all of it and maybe more. Some states require they pay you double or more for not following the law and withholding the deposit, so talk to an attorney specializing in landlord/tenant laws. Let us know how it turns out.

 Hi Megan,

No there wasn’t a walk through before with pictures, but I did do a walk through (without her ) with pictures and my family member was there to validate my pictures. She didn’t give me a list of anything. She was very rude while I was leaving. I guess she just wanted me to leave. I’m texting her now about sending over pictures and receipts of her claims, but she’s ignoring me. I read online that before you take someone to small claims court, you have to genuinely try to solve the dispute outside the court room. I am genuinely trying over here. No response. I’m trying to get her pictures and receipts, no cigar. 

I didn’t use that dishwasher because it was so filthy from the previous tenant that roaches was coming out. The stove was not broken and I even have pictures of it NOT broken. 

I think there was a hole outside my door in the hallway but I never seen that until days before I was about to move out. 

I did clean that tub, there wasn’t any proper ventilation. There was a very old bathroom fan that vibrates the ceiling when it’s turned on. Also, There was a small window in the bathroom, but it had vines growing on it. I am petrified of any bug so I didn’t want to open that window. Once there was a huge cricket in my house, I swear I almost packed a suitcase and moved out. Luckily I had company over. 

I didn’t want to bring an attorney in to this because there’s no need for it in small claims court. If I win, I read that she would have to pay for court fees, attorney fees and then the awarded money? She didn’t provide me with an address to serve her with court papers either. I do have her  P.O. Box. Should I send it there? I wish I never signed that lease. Are you certain that the court will abide by the law and not contractual law? I have rights too. 

Originally posted by @Nathan Gesner:

If there is ever a conflict between the contract and the law, the court will side with the law. 

It's pretty common for Tenants to break things or not clean well and then try to argue they weren't responsible. I've heard it enough times that I'm hesitant to buy your story without proof. However, there's very good reason to believe she charged you more than she should have for rent and that she failed to comply with the law regarding notice and return of the deposit. 

I think it's worth your time to pursue her.

Hi Nathan,

I would love to send you proof, but I don’t think I can upload pictures or personal information on this site. I recently found the previous tenant that lived in my apartment BEFORE they terminated their lease. I’m hesitant to reach out to him (I don’t know what to say to him, I want to make him a witness to validate that she’s a slumlord). Also, I don’t know if it matters but he had a very beautiful black dog and after he moved out, the place was very filthy. She didn’t even bother to clean for us, after I signed the lease I had to clean it.  

Hello,

I was living in a three family home in NJ for just a year. Prior to me moving in, two tenants were terminating their lease and moving out early. This was my first apartment so I didn’t think nothing of it. I am a college student doing civil engineering and I am extremely busy all week. When I moved in on October 14th 2017, I paid the first month rent, the last months rent and security. My first month’s rent was approximately $700(I moved in at the middle of the month) the last month was $1300( rent was 1300 only on the contingency of me getting a dog, I never got a dog so each month I paid 1200 but the last months rent was paid for 1300) and my security deposit was $1200.

Fast forward to September 2018, the month prior to the last month of my lease I paid my landlord another month’s rent. Unbeknownst to me that October was my last months rent. So I asked her to return my money because I paid my last months rent in 2017, she said no. I tried to call my bank for the money, they said that I would have to go to small claims court. It was midterms and at the time I didn’t have time for that. So since I paid the full months rent, I expected to stay the entire month. However my landlord said I needed to move out 7 days before the end of that month. I only complied with that because I really wanted my security deposit back. 

When I moved out, I was told that my “security letter” will be sent to me. I actually thought it was my security deposit, but it turns out to be a letter of damages I never made. I looked up NJ law and it says that she was supposed to send this letter CERTIFIED within 30 days of my departure. On the lease it says the security deposit will be sent no sooner than 60 days. She sent it in 33 days after my departure. Do you think the judge will comply with NJ law or the contract? I didn’t take before pictures of the apartment, but I do have after pictures. Here’s a list of the damages she says I did: 

1. Mold treatment for the bathroom and the ceiling had to be replaced. She has pictures (never sent them to me) of these claims. Charged: $270

2. Repainting supplies(paint brushes, spakle) charged: $152.23

3. Molding repair. She has pictures of broken molding in the tub. Never sent them to me. Charged $17

4. Garbage removal. Garbage was left on the curb. She said she had to bag items and pay to place them in a dumpster. Charged me $90

5. Repair of light switch. Charged $12

6. Broken overtop- replacement. Charged $324.99

7. Broken dishwasher- replacement. Charged $199

8. Bath fitters- mold removal from tub re- caulk and seal $187

9. Cleaning supplies: $34. 22

Conveniently, this totaled to $1286.44 which is over my security deposit so now she claims I owe her. 

I desperately need help. I didn’t do anything except number 4 and 5 (I left the excess garbage on the curb in plastic garbage bags) and for the light switch. I have pictures of the overtop not broken, mold shouldn’t been my fault because the previous tenant also left molding in the tub as well. She didn’t re-caulk it then so it only compounded. She lives in Vermont, never gave me her address I only have her P. O Box number so I cannot properly serve her.