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  1. #1
    Join Date
    Sep 2018
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    3

    Question Landlord Refuses to Return the Security Deposit

    My question involves landlord-tenant law in the State of: New Jersey
    Hi all.
    I would really appreciate some feedbacks.

    My rental is a Owner-Occupied property
    He does not put my deposit in an account under my name but spend it on his personal expenses(lease requires him to put my money in trust or similar under my name,with interest)
    I live in the property for 3 years
    The lease states in appendix 1 as of security deposit
    The lease ends 7/31/2016 but with oral agreement of renewing every year.
    I orally notice to move out at 5/15/2018 and moved out 7/31/2018(landlord lives in the same building and i have witness for the notice that is not my relative).
    He is not willing to return my deposit citing he has to renovate the whole house(by renovate i mean upgrade every fixtures, using my security deposit of course and the next guy's),i left the place spot clean but i do not have photo evidence but has at least two witness that is not my relative can attest.
    No "itemized damage report" is being delivered to my address, i sent the demand letter for security deposit with certified letter. No reply
    He does not paint the wall nor clean the carpet or do anything before we move in( again i have witness)

    My question is. How big of a chance i can win small court with the attendance of two unrelated witnesses and the copy of the lease and the photo of his "new renovated house" and my "before renovate pictures"
    And in case i won the case, how high the chances are i can recover the 2850$ security deposit from my landlord( He is unemployed, Owns the rental property,no mortgage, collecting rent from two tenants, has a known bank account # from my check images). Am my only way of executing the judgement is put a property lien on his house? because any reasonable deadbeat will properly close that bank account and withdraw any money after they lose a judgement to avoid a bank account levy. Is there a way sheriff will work with me to garnish the rent payment from his new tenants and transfer it to settle the judgement?

    I would really appreciate your input.

    appendix 1

  2. #2
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    Default Re: Landlord Refuses to Return the Security Deposit

    Where a landlord does not follow security deposit laws and you end up suing for the return of the deposit, you can ask the court to award you double the amount of the deposit. N.J.S.A. Sec. 46:8-21.1.

    "I'm not refunding your deposit because I am renovating the apartment" is not an itemized list of damages.

    If you receive a list of damage claims in response to your lawsuit, whether an actual list or part of the landlord's answer to your complaint, you may dispute entries on that list -- whether or not they represent damage you caused, whether or not the claimed cost of repair is reasonable. If you did not receive a list, you can point that fact out to the court and argue that whatever the landlord now may be claiming, you are not responsible to subsidize his renovation efforts. Either way, given his non-compliance with the law and failure to give proper notice of any actual damage claim before concocting a story when sued, you can argue to the court that his late claims of damage should be disregarded.

    If rent money from multiple tenants goes through the landlord's bank account each month, if the landlord fails to pay any judgment you win you can likely recover the money by seeking an order of garnishment against the account and serving it on the bank at the time rent payments are being deposited.

  3. #3
    Join Date
    Sep 2018
    Posts
    3

    Default Re: Landlord Refuses to Return the Security Deposit

    Quote Quoting Mr. Knowitall
    View Post
    Where a landlord does not follow security deposit laws and you end up suing for the return of the deposit, you can ask the court to award you double the amount of the deposit. N.J.S.A. Sec. 46:8-21.1.

    "I'm not refunding your deposit because I am renovating the apartment" is not an itemized list of damages.

    If you receive a list of damage claims in response to your lawsuit, whether an actual list or part of the landlord's answer to your complaint, you may dispute entries on that list -- whether or not they represent damage you caused, whether or not the claimed cost of repair is reasonable. If you did not receive a list, you can point that fact out to the court and argue that whatever the landlord now may be claiming, you are not responsible to subsidize his renovation efforts. Either way, given his non-compliance with the law and failure to give proper notice of any actual damage claim before concocting a story when sued, you can argue to the court that his late claims of damage should be disregarded.

    If rent money from multiple tenants goes through the landlord's bank account each month, if the landlord fails to pay any judgment you win you can likely recover the money by seeking an order of garnishment against the account and serving it on the bank at the time rent payments are being deposited.
    I really appreciate your reply.
    My landlord does not give me any list of damages, he just saying he renovated the whole house spending 6-7 thousand. He spitting out some lines of i`ll give you a couple hundred after 6 month to a year which obviously a lie.

    I want to ask a question about weather the judgement is enforceable or not because he can simply close the account and open another one on another bank to continue accept the payment from the tenant...Can i collect directly/indirectly from the tenant who is currently living there. Or my only option if the person is smart and closes his bank account because he knew a judgement is going against him is to place a lien on the property.

  4. #4
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    Default Re: Landlord Refuses to Return the Security Deposit

    If a judgment debtor makes it difficult to collect the money, then you have to work harder to collect the money. If he changes banks, perhaps another tenant can help you out by giving you information about the new bank.

  5. #5
    Join Date
    Sep 2018
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    Default Re: Landlord Refuses to Return the Security Deposit

    Thank you sir i appreciate your input. I will come back for more when i won the suit.
    You have a really nice day and all the best

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