WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Landlord vs Tenant Issues
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Security Deposit/small claims court

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 10th, 2008, 10:47 AM     #1
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Security Deposit/small claims court

I'm in NJ and I'm taking my previous LL to small claims court for keeping a large portion of my security deposit. LL kept money for half the cost to "replace" carpeting. This was after telling me not to have it cleaned; they planned to replace it because of rips that existed before I moved in.

My questions:
Is a LL supposed to provide specific costs and/or receipts for damages.
How does a judge usually look upon additional damages that are submitted in court -- 3 months after tenant moved out. (LL has already tried to do this is an email to me)

This was a private rental -- not a condo or apt. complex.
  Reply With Quote
Sponsored Links
Powered by U.S. Legal Forms
Old Sep 10th, 2008, 09:56 PM     #2
Top Level Member
 
olive's Avatar
 
Last Online:
Yesterday 03:47 PM
Join Date: Mar 2008
Posts: 317

Default Re: Security Deposit/small claims court

[This was after telling me not to have it cleaned; they planned to replace it because of rips that existed before I moved in. ]


If you can honestly testify to this then you will win hands down if the judge believes you.

The LL should have immediately alerted you to any charges after inspection.
olive is offline   Reply With Quote
Old Sep 12th, 2008, 12:54 PM     #3
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Security Deposit/small claims court

--------------------------------------------------------------------------------

[This was after telling me not to have it cleaned; they planned to replace it because of rips that existed before I moved in. ]


"If you can honestly testify to this then you will win hands down if the judge believes you."

Unless you have this in writing, it is highly unlikely a judge will take your word for this. State laws say you must leave the unit in the same clean condition as you received it less wear & tear (dirt in a carpet is not wera & tear). Additionally, did you have a move in inspection or do a repair report to the LL at move in to document the existing rips? The LL will claim you did them. Find some evidence that they were there before you moved in. You will need independent witnesses if you you testimony (not friends or relatives). The movers, the pizza guy, a repairman, anyone who wouldimpartially state the condition without prejudice.
  Reply With Quote
Old Sep 16th, 2008, 12:38 PM     #4
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Smile Re: Security Deposit/small claims court

Just an update: I did have it in writing (email) that I didn't need to clean carpets. Judge took one look at this and awarded me double the amount LL withheld. No questions asked. A word of advice: SAVE EVERYTHING!!!!!
  Reply With Quote
Old Sep 16th, 2008, 12:58 PM     #5
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

Default Re: Security Deposit/small claims court

Congratulations!

good news and good advice!
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
court costs in small claims court Unregistered Small Claims Courts 0 Dec 15th, 2008 12:13 PM
small claims court in south carolina inchristtaylor Small Claims Courts 1 Sep 8th, 2007 10:12 AM
Small claims court wld_team Law Wiki 0 Aug 29th, 2007 11:42 AM
Verbal agreements in small claims court Unregistered Small Claims Courts 1 Aug 22nd, 2007 06:34 PM
CITROEN SAXO SMALL CLAIMS COURT vallay Consumer Complaints 1 Feb 9th, 2007 11:44 AM


All times are GMT -5. The time now is 06:49 PM.


Powered by U.S. Legal Forms

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2009 by WORLDLawDirect.com, Inc.