Can landlord charge for labor and materials for repairs from security deposit?

[njlandlord]

I have a tenant in NJ that is moving out. When showing the apartment to a prospective new tenant I noticed that some walls were repainted but not completely just in small areas, too large to cover with an object, and the paint used was a different finish, Flat not Egg Shell, the color was also slightly different and a photograph cannot catch the difference. When the tenant paid his last month's rent I gave him a move out procedure notice, this was indicated on his receipt since he paid in cash, it included charges for repainting. Can I charge the tenant for repainting that I perform or would an estimate from a Painting Co. work?

 

[jacksgal]

Its best to have documentation to back up your claims

 

[Gail_in_Georgia]

It is my understanding (from other landlord forums) that landlords who have property in New Jersey cannot charge for their own labor to repair damages above normal wear and tear.

New Jersey is an incredibly tenant friendly state. If you plan on having the unit repainted and charge for your labor, don't. Only do this yourself if you do not plan on charging the tenant for the repainting job (and it is questionable whether this slight difference in wall colors could even be considered "damage" in your state).

Gail

 

[njlandlord]

Gail,

The difference in wall color is evident on the same wall he did not paint the entire wall only a portion. The reasoning for his repainting is to fix the holes from nails or hooks used for picture frames. I took pictures and on some photos you can see the difference. He also placed wallpaper trim in a small room. The lease specifically states he cannot do this without my consent. There are also stickers on 2 closet doors.

I thought that a tenant had to return the apartment back to the landlord in the original condition less any normal wear and tear. The walls had no hooks or nails and it was his poor attempt at repairs that will cause me to repair it.

If I canot charge for my labor what about paint?

There is also what I concider damage to the carpet. Between two rooms there is a section about 20 inches long and ¼ inch wide where the carpet thread was pulled and removed and in both rooms throughout the carpet there are threads that somehow snagged on something and arepulled up. The carpet was installed new prior to his tenancy.

Might this be considered damage?

Thank you for your input.

 

[Gail_in_Georgia]

Your initial post stated that pictures could not pick up the difference in color/finish.

If you decide that the painting and carpet issues are damages and not from normal wear and tear, then do yourself a favor and "CYA" by hiring professional companies to do the repairs, get documentation and notify your tenant on the status of their security deposit within the time period required by New Jersey.

New Jersey has some very specific requirements regarding security deposits, including how information regarding these must be sent to the former tenant (frankly, the idea of being a landlord in this state scares the willies out of me!). I've attached them for your review:

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterthree/index.cfm

Gail

 

[njlandlord]

Gail,

In regards to the pictures, I had posted before taking pictures, because I had just seen the apartment and want to act quickly. I will be speaking to a local attorney this week.

Thank you for the link, lots of info at the site.

 

[njlandlord]

So, I spoke to and attorney and he said I can not charge my own rates for repairs. But, I can charge for the material I use to repair the damage. As for the carpet it will be inspected by the installer. I have to find out if it was neglect that caused the damage if so I should have a case. But, I have to subtract the depriciated value of the carpet from the new one.