How to Dispute Landlord Deductions

My question involves landlord-tenant law in the State of: NJ

I lived at a property for 4 years. Landlord is taking money out of my security deposit for:
50% of replacement carpet cost for stairs and main living area (still trying to find out age of carpet, it wasn't new when we moved in - my guess is AT LEAST 6 years old now but not sure)


50% of dishwasher replacement that was bought a few months before I moved in

Carpet- it is a very light color, not white but maybe a light cream color. Very hard to keep clean in high traffic areas\stairs that we go up and down everyday to get to the main floor. Just 2 of us lived there, no pets and vacuumed regularly but just hard to keep clean. Landlord wants 50% of replacement cost.

Dishwasher - small crack, maybe an inch long on top left corner. Works fine. 4yrs old and landlord paid about $250 for it (now wants half of $400 replacement cost)

Landlord noted a few other things, but no deductions were taken for them.

Is this worth fighting? To me it seems like that carpet was due to be replaced soon anyway, especially being a light color in high traffic areas, I can't imagine a much longer life expectancy. Should my amount owed be based on the new replacement cost? Same with dishwasher, should my amount owed be based on replacement cost? The dishwasher works fine and the crack is barely noticeable - should I have to pay $200 to replace a 4 year old dishwasher that was purchased for $250?

Not that it is too relevant but I did pay rent on time every month for the 4 years and was a pretty easy tenant to have.

Thanks for any help!

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Quoting odeon81

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My question involves landlord-tenant law in the State of: NJ

I lived at a property for 4 years. Landlord is taking money out of my security deposit for:
50% of replacement carpet cost for stairs and main living area (still trying to find out age of carpet, it wasn't new when we moved in - my guess is AT LEAST 6 years old now but not sure)


50% of dishwasher replacement that was bought a few months before I moved in

Carpet- it is a very light color, not white but maybe a light cream color. Very hard to keep clean in high traffic areas\stairs that we go up and down everyday to get to the main floor. Just 2 of us lived there, no pets and vacuumed regularly but just hard to keep clean. Landlord wants 50% of replacement cost.

Dishwasher - small crack, maybe an inch long on top left corner. Works fine. 4yrs old and landlord paid about $250 for it (now wants half of $400 replacement cost)

Landlord noted a few other things, but no deductions were taken for them.

Is this worth fighting? To me it seems like that carpet was due to be replaced soon anyway, especially being a light color in high traffic areas, I can't imagine a much longer life expectancy. Should my amount owed be based on the new replacement cost? Same with dishwasher, should my amount owed be based on replacement cost? The dishwasher works fine and the crack is barely noticeable - should I have to pay $200 to replace a 4 year old dishwasher that was purchased for $250?

Not that it is too relevant but I did pay rent on time every month for the 4 years and was a pretty easy tenant to have.

Thanks for any help!

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The landlord cannot charge you any more than the depreciated cost of the old carpet. If the old carpet is 6 years old the landlord probably shouldn't be charging you anything at all, and definitely shouldn't be charging you 50% of anything, let alone 50% of replacement cost.

Did you cause the crack in the dishwasher?

I did not notice the crack when I moved in (could have very well been there but it is my fault for not examining every tiny flaw), so as far as this is concerned I guess I did crack it. I just don't think I should have to pay 50% of the 400 replacement cost when the dishwasher cost her $250 4 years ago (maybe 50% of $250 if anything). I don't think it even needs to be replaced -it still works fine and the crack is not very noticeable (or would that normally warrant a replacement?)

If you disagree with the amount kept from your security deposit, the first step is to send what is known as a "demand" letter, outlining the amount you believe you are fairly owed and "demanding" this amount by a specific time (say, two weeks after the landlord receives the letter).

If no satisfaction, your next step is to decide whether the amount is worth filing a lawsuit over. Such lawsuits are typically handled through Small Claims court as they involve relatively small amounts of money in dispute.

Gail

Also, would it be best not to cash the check that was sent to me? Would that be considered accepting that amount?

Still wondering about this and hoping for some insight - at this point my ex landlord will pay me $200 more dollars to settle - still keeping about $660 of the $1900 deposit

Initially she wanted 1100 (800 for carpet and 300 for dishwasher), then she wanted 660 for half the replacement cost of carpet and 204 for half replacement cost of dishwasher - now offering me $200 more to settle.

I asked her about the age of carpet/receipts and she said she doesn't know how old it is and has no receipts. She said she has video of the carpet condition before I moved in (I do not have any pictures or video) She also said she will countersue for other damages that she did not charge me for out of the security deposit (dirty cellular blinds from candle soot, nick on wall, small chip in wall, small stain on painted counter above kitchen sink, closet shelf that came off wall and had to be respackled/hung - which happened a couple months before I moved out and she never mentioned me paying for) plus her attorney fees.

Is this worth it for me to pursue this - as I said, I agree the carpet isn't in good shape as she can show in the recent pictures - all the dirty/dark marks are up the middle of the stairs where you walk and other high traffic areas (very light color carpet). For all I know this carpet could be 10 years old or more. If her pictures show the carpet looked decent before I moved in 4 yrs ago - will that matter? I would think the age is more relevant? Would she likely be able to get money for the things she did not initially deduct from my deposit? thanks for any advice!

also wondering about attorney costs - obviously it can vary but my attorney said it will cost $1500 if I decide to take this to small claims court - sounds like a lot to me but is that a normal fee?

Carpet in a rental unit depreciates (i.e. is used up) over a five year period. Therefore, if you lived there and paid rent for 4 years than you have already paid for 80% of the carpet and the maximum she could get, if the carpet was brand new upon move in, is 20%. If it was NOT brand new then she would get nothing. A dish washer also depreciates over 5 years, so the most she could retain on that (if it was new) is 20% of $250. You are not responsible for replacement cost, but only the portion of the $250 asset that was not used up through normal wear and tear.

The countersuit threat, and legal fees, are bluffs. Anything she did not cite on the move-out list of damages is lost to her. She believes you can be bullied. You have to decide whether to call her bluff and stand up for your rights, or to decide it's not worth the stress and move on. I'm the type of person who does not like it when someone tries to intimidate me out of demanding what is rightfully mine, so I fight. Your disposition might be different from mine.

thanks for your response...if anyone else has an opinion please let me know, especially if you have any small claims experience in NJ. I was also curious if the $1500 fee my attorney said they would charge is in the normal range because it sounds high to me but I haven't dealt with anything like this before. I know attorneys basically are charging for their time and I don;t know how long it typically takes when you actually go to court. Thanks!

You are not allowed to have an attorney in small claims. $1500 sounds very reasonable, but of course your claim is not worth $1500 so I wouldn't go that route. Go to the courthouse and ask for help filing your small claim. They are used to people having no idea what to do and are usually very helpful. Most of them have a mandatory mediation meeting to try to get parties to settle, and that might resolve everything in your case.

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Quoting Bubba Jimmy

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You are not allowed to have an attorney in small claims. $1500 sounds very reasonable, but of course your claim is not worth $1500 so I wouldn't go that route. Go to the courthouse and ask for help filing your small claim. They are used to people having no idea what to do and are usually very helpful. Most of them have a mandatory mediation meeting to try to get parties to settle, and that might resolve everything in your case.

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per Nolo's site, you can use an attorney in small claims. I have not found it stated either way in any NJ official site though.
http://www.nolo.com/legal-encycloped...urt-32034.html


a couple links that may help the OP:


http://www.judiciary.state.nj.us/pro...all_claims.pdf

http://www.judiciary.state.nj.us/civil/civ-02.htm

If you are allowed to use an attorney, you might be able to get attorney's fees.

thank you - and yes you can have an attorney in small claims court in nj.

I was also wondering if I can deposit the initial check sent to me by my landlord, and then another additional check she sent after I e-mailed her disputing the charges. I would like to deposit the checks but I don't know if that would imply that I am accepting these checks as a final payment. She did offer another 200 on top of these 2 checks that I did not respond to at this point. It was never said that the initial check or the 2nd check were any type of settlement.

probably but if you can wait, I would suggest doing so. It would defeat an argument the LL might present that it was a negotiated settlement before they even get a chance to present it.

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Quoting jk

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probably but if you can wait, I would suggest doing so. It would defeat an argument the LL might present that it was a negotiated settlement before they even get a chance to present it.

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I disagree a bit on that. Cashing a check does not indicate a settlement and the longer one waits the greater the possibility that the check will bounce.

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Quoting llworking

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I disagree a bit on that. Cashing a check does not indicate a settlement and the longer one waits the greater the possibility that the check will bounce.

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I did not say it did. I said not cashing it stops a claim it was offered as settlement before it is even presented. Just trying to head off any claims by the LL proactively.


and holding a check should not have anything to do with the possibility it will bounce but even if it does, that simply gives the OP an additional claim against the LL and possibly allow for a criminal charge against the LL as well. To me, that is a win win for the tenant.