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.
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.