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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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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. |
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#2 |
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Top Level Member
Last Online:
Yesterday 03:47 PM Join Date: Mar 2008
Posts: 317
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[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. |
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#3 |
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Posts: n/a
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[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. |
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#4 |
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Posts: n/a
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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!!!!!
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#5 |
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Posts: n/a
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Congratulations!
good news and good advice! |
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