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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.
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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.
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