Subtenant Moved Out Early, on Short Notice

My question involves landlord-tenant law in the State of: New Jersey/ Hudson County

I was renting a three bedroom two bathroom apartment and when my son moved out I decided to rent the master bedroom with its bathroom to a young lady. I lived in the apartment with my 16 year old son. When she moved in she paid half the rent since it was the 14th day of the month and one month security deposit. She stated that she would stay until June of 2011. She was extremely dirty, ruined my furniture that was in the room and had to be trashed. on February 20 she came and informed me that she was going to move out on March 4th. I told her that was a very short notice , I was upset but did not say anything. She then told me that she would stay. I wasnt sure that she was to be trusted so I went out and found an apartment on February 26 for myself and my son and on February 28th I notified her that I was paying the rent for the month of March with her security deposit and adding my own. She looked at me and my son and said it was "ok" . On March 4th I was packing , she was in her room, I could not tell what she was doing. She came out of her room walked up to me and asked for her deposit back and that she was moving. I was in shock and I told her I had already informed her that the rent was paid and I did not have any money to give her. She walked towards me as if she was going to hit me, threw cuss words at me. The police came and they took reports and they left. Later on she harrassed me with emails. I did tell her that she had to give me notice in state of new jersey before moving out. In her last email she said she changed her address but if any mail is delivered for her and if I stole it that would be a federal crime. I told her to stop harrassing me and the next thing I should get with her name on it should be court notice she can go to landlord tenant court. Well, now she is suing me for $7500.00 for not returning her deposit back to her. I sued her right back for the same amount because I had to move out of my house early because of her, had to get storage, trashed my rug and my mattress and my kitchen utensils. We are scheduled for court this month.I do have a statement from my son who was a witness, a copy of the police report, witnesses who have heard that she was staying until June. A letter from my former landlord stating that the rent was paid for the month of March and that I suddenly moved out. Do I need an attorney for this. ? Any advice is appreciated. Thank you.

Did you do a walk through before and after? Noting what was present and in what condition? That both of you signed?

(Please say yes....)

Actually the police was there when she left and she took pictures of the room, everything looked okay but it was not okay. The mattress stunk, this was a brand new mattress. and other furniture had to be thrown also. We did not part on friendly terms. This girl was calling me all kinds of names. She was really upset because I told her she could not bring a male friend over to move in with us and this was why she did this I believe.

My question is more about what you can prove.

You say it was a new mattress and now it was damaged. But can you prove that?

I have the person who helped me move out of the apartment and him and I trashed it together. Isnt a witness enough? Do you think i should Hire an attorney?

And if that's the extent of the damage, this was a $10,000 mattress and it could not be cleaned or deodorized?

You've not given us the move-in date or any dollar amounts, so you've tied our hands in terms of trying to figure out how you're claiming $7,500. Or, for that matter, how she is claiming that much if her only contention is that you did not return her deposit, which I expect was considerably less than that amount.

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Quoting Jazzlyn

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I have the person who helped me move out of the apartment and him and I trashed it together. Isnt a witness enough? Do you think i should Hire an attorney?

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That's not proof that she did the damage.

Do speak with an attorney - I'm sure the cost of an initial consult would be worth it for you :)

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Quoting Mr. Knowitall

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And if that's the extent of the damage, this was a $10,000 mattress and it could not be cleaned or deodorized?

You've not given us the move-in date or any dollar amounts, so you've tied our hands in terms of trying to figure out how you're claiming $7,500. Or, for that matter, how she is claiming that much if her only contention is that you did not return her deposit, which I expect was considerably less than that amount.

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I'm guessing that she's going for a "triple damage" type of thing. Whether that has merit or not, I don't know - but, it might just be one of those "Go for the max and see what happens" kind of filings.

You are right, sorry about that. She gave me $750.00 deposit, this was her rent. She moved in on November 14th and she was to stay until June 2011. She suddenly wanted to move out in March once I told her no she could not have a male friend stay with us. When I told her I paid the rent and used her security deposit for her share and that I was moving out at the end of March she said ok. But on March 4th she said she found an airplane ticket and she was leaving.

The problem is also that you cannot use her deposit to go towards your rent. Even if she owes rent herself. I honestly think you need to speak to an attorney.

(Her deposit is meant to be held in escrow)

Thank you, I think I will talk to an attorney.