Getting your security deposit back in New Jersey 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. 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 or other normal wear and tear fees. Before you move out, ask the landlord or his agent inspect the apartment. WE SUGGEST YOU TAKE PHOTOS BEFORE YOU MOVE IN AND AFTER YOU LEAVE. 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. Before you move out, ask the landlord or his agent inspect the apartment. WE SUGGEST YOU TAKE PHOTOS BEFORE YOU MOVE IN AND AFTER YOU LEAVE. 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. Court and 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. If you go to Small Claims Court, also write on the complaint the words “together with interest and costs of the suit.” You should get the interest and the money that it costs you to file the complaint, fees may vary. The court should also award you reasonable attorney's fees if you hired an attorney.
Before you move into a rented Home or Apartment, be sure to do a walk through with the owner or property manager. Why? Because when you move out, the landlord may attempt to charge you for "damages" to the unit. What defines damages is often contested and the tenant, unless they have a move-in-checklist and pictures, may lose out in court. A general rule of thumb - are you leaving the unit in the same condition as when you moved in? Again take pictures and have the landlord or property manager agree to the
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condition. Same when you leave. A landlord can only withhold for damages only amounts that are deemed reasonable for the damage claimed. If a defect existed before you moved in, you should not be charged for that particular problem. The importance of pictures and a move-in checklist cannot be stressed enough. Normal Wear and Tear is vague term and means different things to different people. So protect yourself. Damages are actual things in the apartment that you or your guests actually break - such as a window or a hole in the wall. Normal Wear and Tear may include things such as faded paint - you yourself did not cause the paint to fade, thus you would not be responsible if and when the landlord decides to repaint.
When you move in and out Take pictures - use a disposable or video camera. Pictures are worth a thousand words and therefore, dollars. Sign and date the pictures and save them in case your landlord does not return your security deposit. The average cost to clean an average apartment is $135 for the full job. If you do not have time, consider hiring a cleaning service.
One common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed. For example, suppose a tenant has damaged beyond repair an 8 old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet.
Normal Wear and Tear Guide - Reference ONLY! Normal: Faded Paint. Paint may have a "useful life of 2-3 years, depending on who you ask. However, if you paint with a better paint, wiping down the walls works well. Old, worn carpet when you moved in or furniture marks in carpet. The natural wearing down of carpet or drapes because of normal use or aging. Worn hinges on doors or locks. Hole or ding in wall from missing door stop. Check each door. Broken plumbing pipes, unless you damaged them. Central drain problems, not caused by your incorrect disposal of items. Older homes with old sewer lines may get roots growing through them, clogging the system. Dirty Blinds - as in dusty. General dust in the apartment. Be sure to clean behind the sofa and under. "Faded" curtains that were in the unit when you came. However, to remove curtains that you placed and did not remove, you may be charged. Bulb that went out in the refrigerator. Damages Holes in wall from hanging pictures, removal of Decals on the walls. Larger gouges etc.
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Tear in carpet, animal stains (even if landlord knew you had a pet). Burn marks iron, cigar, cigarette, ground in stains. Doors with holes. Doors or windows broken. Glass etc. Clogged drains caused by your misuse of sinks or toilets. If you rent to women (college girls for example) be sure to remind them to dispose of feminine products in the trash, not the toilet. Broken or missing blinds or curtains. If they were there when you moved in, they must be there when you leave. If you do not want them, discuss this with your landlord. If he says "I don't care" send him a letter to confirm...as we discussed.. Eliminating Flea infestations caused by tenants animals. The same for smoke damage from smoking or burning candles. Excessive Bathroom mildew. Use a good cleaning product like Tilex or Spray 409 weekly. Broken shelves in a refrigerator. Excessive dirt/dust in the refrigerator vents. This is the area under the unit. Be sure to vacuum to improve the performance. Every time you vacuum, vacuum around the unit, Excessive dirt or filth in an oven or refrigerator. Defrost the refrigerator if not frostfree. Stoves can take 2-3 hours to clean if you have cleaned it. Use Easy-off. That's why the named it that.
The New Jersey Eviction statute may require that one or more notices be served upon the tenant prior to proceeding with court action. With the exception of a tenant's non-payment of rent, or failure to pay rent after a reasonable increase (which requires a separate notice unto itself), a landlord is required to serve notice upon a tenant prior to the institution of court action. N.J.S.A. 2A:18-61.2 provides the notice requirements.
NJSA 2A:18-61.2. Removal of residential tenants; required notice; contents; service
No judgment of possession shall be entered for any premises covered by section 2 of this act, (2A:18-61.1) except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises. The following notice shall be required: a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice prior to the institution of the action for possession; b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession; (Like rowdy tenants, college rentals) c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action;
d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;
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e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action; f. For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires; g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires. h. PUBLIC HOUSING under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations. The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy, or by leaving a copy at their usual place of living with a member of the family over the age of 14, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail. (Suggest both methods of mailing).
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