Landlord vs Tenant rights

[shmurphy]

My husband and I rented a house for two years. My landlord told us he would not be renewing the lease because he was moving back in. (We found out days later that the house is actually being torn down.) We moved out. He is asking us to sign a letter allowing him to keep part of the deposit for cleaning of pet odor in the basement. He quoted a price, $600, but has failed to produce any receipts from the actual cleaners. He said that the cleaners will have to clean it two consecutive months to make sure the odor is gone.

Does he have the right to keep any of the deposit even though he is tearing down the house?

Thanks,
Sherie

 

[army judge]

My husband and I rented a house for two years. My landlord told us he would not be renewing the lease because he was moving back in. (We found out days later that the house is actually being torn down.) We moved out. He is asking us to sign a letter allowing him to keep part of the deposit for cleaning of pet odor in the basement. He quoted a price, $600, but has failed to produce any receipts from the actual cleaners. He said that the cleaners will have to clean it two consecutive months to make sure the odor is gone.

Does he have the right to keep any of the deposit even though he is tearing down the house?

Thanks,
Sherie

It looks like your landlord is trying to bamboozle your security deposit from you to cover his demolition costs.

Take him to court, because I his dog odor charge is specious nonsense.

I've given you information about NJ rental law and security deposits.

Did your landlord place your security deposit in an interest bearing bank account?

Did he note that on your lease?

If not, and other criteria are met, you might have other legal issues you can pursue.

Getting your security deposit back
The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. Cite: N.J.S.A. 46:8-21.1.

The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet.

Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting.

There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.

Going to court to get back your security deposit
If, after 30 days, the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court. The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant's security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. (Note: Even if you forget to ask for double the amount of money when you fill out your complaint, the court still must give you double because the law requires it.) Cite: N.J.S.A. 46:8-21.1; Gibson v. 1013 North Broad Assoc., 172 N.J. Super. 191 (App. Div. 1980); Hale v. Farrakhan, 390 N.J. Super. 335 (App. Div. 2007). If some of the deposit was returned, be sure to ask for double the amount that you feel the landlord should not have deducted from your deposit. Cite: Cottle v. Butler, 257 N.J. Super. 401 (Law Div. 1992). If you go to Small Claims Court, also write on the complaint the words "together with interest and costs of the suit." This means that you will get the interest and the money that it costs you to file the complaint ($20 plus mileage). The court should also award you reasonable attorney's fees if you hired an attorney.

Note: You can sue for up to $5,000 in Small Claims Court ($10,000 in Union County, which does not have a Small Claims Court), and you can sue in the Special Civil Part where different rules apply. If your landlord owes you more than $5,000, you can still sue in Small Claims Court if you are willing to give up anything over $5,000. Cite: P.L. 2003, c.188 (section 6).


The Rent Security Deposit Act, specifies how a landlord must collect, maintain, and return a security deposit. Cite: N.J.S.A. 46:8-19. Under this law, a security deposit is money that belongs to the tenant but is held by the landlord in trust. A security deposit is made to protect the landlord against the tenant's failure to follow his or her responsibilities as stated in the lease. This includes nonpayment of rent, or damage done to the apartment by the tenant, other than ordinary wear and tear. Read your lease carefully before you sign it. The lease should state clearly where the landlord will hold your security deposit and under what conditions it will be returned to you when you move out. The security deposit law now says that a landlord can't take any money from the tenant's security—for repairs, rent due, or anything else—while the tenant still lives in the apartment or house.

The Rent Security Deposit Act applies to all rental units, including tenant-occupied, single-family homes. The only exception is for rental units in owner-occupied buildings that have no more than two units other than the owner-landlord's unit. However, the law does apply even to tenants in these small, owner-occupied buildings if the tenant sends a 30-day written notice to the landlord stating that he or she wants the landlord to comply with the law's provisions.

Notice of security deposit
The Rent Security Deposit Act requires the landlord to put your security deposit in a separate bank account that pays interest. The landlord must tell you in writing the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of account, and the current interest rate for that account.

The security deposit law says that this notice has to be given to the tenant in writing within 30 days after the tenant gives the deposit to the landlord. The law says that the landlord must also give the notice not just within 30 days of getting it from the tenant, but every year at the time the landlord pays the interest to the tenant (see Interest on your security deposit). And a new landlord must also give the notice within 30 days of buying the property. The notice must be given to the tenant within 30 days after the landlord has moved the deposit from one bank to another, or from one bank account to another (unless the change in the bank or account takes place less than two months before the annual interest payment). Finally, the law required all landlords to give their tenants a new notice—telling them where the deposit is, how much it is, and how much interest it is earning—by the end of January 2004. Cite: N.J.S.A. 46:8-19(c).

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

 

[shmurphy]

Thank you for the information. It was useful!

Also, yes he did place the security in an interest bearing account and it was stated in the lease. He provided a copy of that.