Damaged Blinds& Vanity replaced

Queenie2015

New Member
Jurisdiction
New Jersey
I resided in an Apt two years and moved out July 31h,2015.

I have the following questions regarding the deposit return:
1. It is now over 16 days late, I have not received my deposit. I made many calls to them in August, they said it was in the process. In September, I called again, they said the check has been delivered on Aug.27th and provided me the USPS tracking number and sent me picture of the signature of the doorman of my new address.
My question is: I provided the right address and noticed them many times, I did what i can do, but I still didn't get my money back in 30 days. Should they be responsible for the lost check?

2. I requested them to provide the amount and items deducted via email, here is the list:
· Damaged blinds - $472.25
· Vanity replaced due to (water damage) - $370.00
· 4 hours of extra cleaning (kitchen/bathroom) - $160.00
Total: $1,002.25

I left the apt very clean without any damages, and when the supervisor walk through the apt, I asked is there anything need to fix or redo, he did't say anything.

Anyway, I decide to file a lawsuit for these reasons, could you help to evaluate if these reasons are strong enough:

For 'Damaged blinds':
1) 'Damaged blinds' don't belong to the ORDINARY WEAR and TEAR.
2) I lived in that apt for two years, the blinds are slightly bended by the windy weather which is under the normal use. I have some photos when I moved in/out.
3)The amount they charged $472.25 for four blinds which average in $118 for each blind, is unreasonable ($33.33 or less from Homedepot).

For 'Vanity replaced due to (water damage)':
1) The Water damage was not caused by our regular using. I argued the vanity issue due to the water damage 2 days before my moving day, I emailed a photo to the management office and argued to figure out this issue, our conversation was recorded in the email and the water damage was clearly shown in the photo. But the management office just painted the damaged area and failed to fully figure out the water damage. It's totally not my responsibility to pay for the vanity replacement due the water damage.
2) Water damage induced replacement of vanity also belongs to the 'ORDINARY WEAR and TEAR'.
3) Unfortunately, I didn't take photos for the water damaged area on the moving day.

For "4-hours cleaning":
I took many photos and very confident to prove that apt was very clean.

For '30 days return rule':
Even they provided the receipted of the certified mail, I still didn't get my check in 30 days especially after making notice to them for many times.

Although I have sent them my demand letter in emails, I still mailed out my demand letter to them with tracking infor.
I asked them to return my full deposit by tomorrow and am filing the lawsuit at the same time.


Could anybody provide any suggestions regarding my reasons to sue them?

Thanks a lot,
 
Sorry, only a wizard, a genie, prophet, or a soothsayer can tell you what the outcome will be for any trial.

We don't have a single wizard, soothsayer, prophet, or genie working with us on this site.

We did have a mod, a few years ago that used a crystal ball, but she broke it.

Seriously, all you can do is bring your case, tell your story, listen to the defendant's story, cross examine if you're allowed, the judge will decide.

There are no sure things when a matter goes to trial.

If the landlord sent the check, the check went missing, it isn't the landlord's fault you failed to receive the check.

I suggest you see what you can discover about the tracking number by simply typing the number into Google, and Google will take you directly to the shipping company's website where you can determine the truth of the landlord's claims.

Have you checked with the person allegedly signing for your package?



As far as you disputing the "extra" charges, and you deciding what is clean, or clean enough; that ain't gonna fly. The landlord makes that call, which is WHY most people meet with the landlord and get him or her to sign off on their departure.

Frankly, I don't think you'll be very happy about the outcome of a lawsuit, IF you go ahead with filing one.

If you lose, you'll be out more money.

The cost for filing a complaint in Small Claims is:

$35 for one defendant.

$5 for each additional defendant.

Currently the fee is $7 for each defendant served by certified and regular mail.
This is subject to change, however.
[A $3 mileage fee, plus applicable court officer mileage fees, are charged
for one defendant instead of the $7 mailing fee, if the complaint is served personally by a court officer.
Each additional defendant that you want the court officer to personally serve is an
additional $5 fee plus applicable court officer mileage.
Staff of the Special Civil Part can inform you of the mileage fees, if any.

https://www.judiciary.state.nj.us/civil/11482_small_claims_faq.pdf


Make a check or money order payable to the Treasurer, State of New Jersey.
If you cannot afford to pay the filing fees, you may apply to the court to qualify as an indigent and your filing fees may be waived by the judge.
 
Sorry, only a wizard, a genie, prophet, or a soothsayer can tell you what the outcome will be for any trial.

We don't have a single wizard, soothsayer, prophet, or genie working with us on this site.

We did have a mod, a few years ago that used a crystal ball, but she broke it.

Seriously, all you can do is bring your case, tell your story, listen to the defendant's story, cross examine if you're allowed, the judge will decide.
..........

Thanks a lot for your reply.
They deducted more than a thousand for those unreasonable charge, especially $472 for 'damaged blinds'.
Those are ORDINARY WEAR and TEAR for sure.
I will sue for double the amount that they deducted.
It's worth it to spend $35 or more to make everything fair enough.

I appreciate your nice evaluation.
But after I reviewed many replied cases, I feel like, people always replied to discourage the tenants to sue a case.

Anyhow, I will get my money back for sure.
 
Thanks a lot for your reply.
They deducted more than a thousand for those unreasonable charge, especially $472 for 'damaged blinds'.
Those are ORDINARY WEAR and TEAR for sure.
I will sue for double the amount that they deducted.
It's worth it to spend $35 or more to make everything fair enough.

I appreciate your nice evaluation.
But after I reviewed many replied cases, I feel like, people always replied to discourage the tenants to sue a case.

Anyhow, I will get my money back for sure.

I don't know what "people" do, or how others might respond.

My standard advice is to tell everyone to stay out the court system.

I rarely suggest small claims for anything or anyone, because when you win, you lose.

I wish you well.
 
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