Deductions from the security deposit. Can I dispute them?

[kos1]

I recently ended a 2 year lease based on the standard NJ Association of Realtors Standard Form of Residential Lease with the additional items included in the rider:
1) Tenant is responsible for the 1st $100 for each minor repair except during the first 10 days of initial term unless Tenant's negligence.
2) Tenant must keep the premise in clean, good condition as when moved in. He is responsible for any clean up caused by his and his family.

After the lease expired, the security deposit was returned minus the following deductions:
1) $100 for boiler sensor. Total cost was $120.15
2) $50 for broken shower door handle
3) $150 for cleaning service to clean floors and bathroom

My dispute regarding item #1 is that boilers are not considered minor repair but should be covered under paragraphs 16 & 17 as part of Landlord's responsibility to provide and repair essential facility, which I consider a major repair. The plumber indicated that the component failed because it exceeded its lifespan. In addition, even with my permission, the landlord refused to take responsibility to wait and allow the plumber into their apartment which resulted in me having to take a day off to wait for the plumber.

Regarding item #2, the door handle showed evidence of rust and deterioration when we moved in and broke under normal wear and tear. Should I be responsible for such repairs being that this wasn't properly maintained by the landlord?

Regarding item #3, the entire place was broom swept and vacuumed. The bathrooms were cleaned, although not as thoroughly. The kitchen was cleaned as well. The condition of each room was videotaped using a camcorder to show that each room was cleaned before vacating the premise. Can the landlord still charge me for this cleaning fees?

Do I have a case and the potential to recover my security deposit in a small claims court?

 

[presutin]

My dispute regarding item #1 is that boilers are not considered minor repair but should be covered under paragraphs 16 & 17 as part of Landlord's responsibility to provide and repair essential facility, which I consider a major repair. The plumber indicated that the component failed because it exceeded its lifespan. In addition, even with my permission, the landlord refused to take responsibility to wait and allow the plumber into their apartment which resulted in me having to take a day off to wait for the plumber.

You are correct. This is a landlord's responsibility.

Regarding item #2, the door handle showed evidence of rust and deterioration when we moved in and broke under normal wear and tear. Should I be responsible for such repairs being that this wasn't properly maintained by the landlord?

You will need to show the courts that you noted the rust and deterioration on the move in form or that you communicated the problem to your landlord during your tenancy. If you don't have a move in form or emails, text messages, voice messages transcripts to show the court, you will not have much leverage to claim this item.

Regarding item #3, the entire place was broom swept and vacuumed. The bathrooms were cleaned, although not as thoroughly. The kitchen was cleaned as well. The condition of each room was videotaped using a camcorder to show that each room was cleaned before vacating the premise. Can the landlord still charge me for this cleaning fees?

The law is specific when it comes to the cleaning aspect. You must return the premises in the condition you received and as if it were ready for someone to move in without them having to clean anything. Vacuumming and sweeping is not through cleaning of floors! Bathrooms must be sparkling - no dirt, soap scums residue, grime, the nasty stuff should be anywhere. Sorry, but this one goes to the landlord since you admitted that the batrooms and floors were not thoroughly cleaned.

Do I have a case and the potential to recover my security deposit in a small claims court?

I only see the portion of the boiler and maybe, if you have proof that you did let your landlord know about the handle, the handle charge. Out of luck with the cleaning fee.

Good luck to you!