Landlord won't return security deposit

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jbitt

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My jurisdiction is: NJ, USA

Hello all,

I'm wondering if i have a case against my landlord or if i should just let it go.

On December 15, 2008 i signed the lease attached. i tried to paste below but my post was too long with it. I paid my rent on the first of every month. I was laid off at the end of February and asked to use part of my $1425 security deposit toward my April and May rent. We agreed that i could use $300 toward each month, leaving $825 security deposit. I did not know at the time, but i know now that i was well within my rights to ask to use the FULL security deposit toward rent because she never informed me what bank and account the money was being held in. although my lease was up June 15th, i stayed and paid through July 31st (i presume this is considered month to month).

She previously asked me to move out at the end of May. When i told her my lease wasn't up until June 15th, she informed me that i broke our lease by using the security deposit and that "Because you are using the security deposit towards the rent, I am still requesting the early termination. It is only 15 days and that is money that you will save and it will help me because I will be in NJ and able to paint and show the apartment. I may even move in myself and use it for a training room".

She could not find a tenant and i informed her that my unemployment will last until the end of july and i would be able to stay through june and july.

Today, September 1, i receive a letter in the mail itemizing the "damage" she said i did to the apartment and that the security deposit would not be returned for that reason and because i caused her to incur expenses flying back and forth from florida to nj to find a tenant. there is normal wear and tear, but there is no real damage to the apartment. i would definitely admit it if there was. The apartment is in a 100+ year old victorian house. In her letter to me, she is claiming that the plumbing was backed up, glass was seperated from door frame, wood floors were damaged, doors sagging because of things hung on door knobs, apartment smelled of smoke, bugs. I agree there was normal wear and tear to the wood floors and i told her about centipedes and spider crickets at least twice. You can see daylight through holes in between the foundation and house siding, which i bet my behind is where they are coming from. No one has EVER smoked in that apartment because i can't stand smoking. She saw an empty bottle with some cigarette butts in it and made up a story that she lost a potential tenant because the person's throat swelled up due to the smoke smell. The bottle was only stored right inside the door because i didn't want to leave it outside on the patio. The bottle came from my boyfriend at the time who would go outside to smoke in the car, but did not want to leave cig butts all over the yard.

All of her claims are false with exception of one which is grossly exaggerated (the wood floors which have normal wear and tear in my opinion).

On the phone, in a round about way, she told me that she is basically just pissed that "i screwed her" by not giving 30 days notice. I gave her notice via email on July 8 and was out on July 31. She also responded to my email on July 8, so i know she got it that day.

on June 29th she wrote "Please keep me informed on status, and if you are going to leave, please try to give me 30 days or as much notice as you can, okay?" On July 1 she also wrote "thanks, I appreciate any advance notice you can give me." On July 8 I told her my offer on a house was accepted and i would be out at the end of the month.

I'm so angry, so i apologize for my babbling, bad grammar and typos.


My lease is attached. Can someone please look it over and PLEASE FEEL FREE to ask me any questions. i have all of her emails and most of the ones i sent to her.my comcast email deleted a lot of my sent mail because i left it int here too long, but i'm sure i can get a hold of comcast and have them recover it.
 
According to your lease, you had a six month contract that went from December 14th, 2008 to June 14th, 2009. It then became a month to month contract.

In New Jersey terminating a month to month tenancy requires one months written notice before the date the rent is due (see "ending a month-to-month lease" on the attached):

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterfive/#5endmonth

If you provided this notice on July 8th this was less than a 30 day notice and your landlord could, technically, hold you to paying rent until August 30th. The rent you would owe would be more than what your landlord kept from your security deposit.

You can, of course, dispute these security deposit charges for damages above normal wear and tear the landlord claims. Do you have pictures of the house at move in and then at move out to be used as evidence should this end up in court?

Gail
 
Thanks, Gail.

She can hold me to paying until the end of August and not just until August 8?

Unfortunately i don't have any pictures of anything because i was too trusting. I know much better now. Thank god i just bought a house and will not have to deal with landlords for several more years if ever again.
 
forgot to add that i also have an email string at the end of june/beginning of july where she says, "Please keep me informed on status, and if you are going to leave, please try to give me 30 days or as much notice as you can, okay?" and "thanks, I appreciate any advance notice you can give me."
 
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Review the example of required notice included in the article I attached to the previous posting. Most folks owe rent on the first of the month. Was this the case with your lease?

If not (since your lease initially began December 14th) and you paid on the 14th of each month then your July 8th notice would have been given as required and your move out date would be August 14th (your version of the "end" of the month).

Gail
 
I paid 1425 security + 400 or 500 rent for December 14-31 on Dec 14. Then beginning January 1, i paid $950 each month. My lease was to end on June 14 (six months from Dec 14 right?)

I just read that link you gave me. The whole thing just sounds like it would be more trouble to fight with her than it's worth and i might end up owing more.

ugh...this is so annoying because we have been talking about me moving out since back in april and she started showing the apartment back then, but i never gave her a firm date because she was always bi*ching about how she doesn't have any money to pay her mortgage now and it would put her in a really tough financial situation. oh well. lesson learned i suppose.
 
In the end, many people find it's just not worth it to take this to court. Only you can decide whether you wish to pursue this further.

Please keep in mind that getting a judgement is, unfortunately, no guarantee you'll ever see a penny of this money. Courts only grant judgements, they really do very little (well, nothing) to make sure the financial judgement gets paid.

Gail
 
My thoughts exactly. Just because someone tells her she has to pay back my money doesn't mean she'll actually do it and if she doesn't have it she doesn't have it. she can't make it appear.

Frustrating.

Thanks so much for your help, Gail. This is a great site and i'm glad i found it. I'm sure i'll be using it in the future.
 
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