Legal Question in Real Estate Law in New Jersey

Securit Deposit: Landlord is making ridiculous demands

In Feb. 2002 I told my landlord that I was buying my own place and was going to vacate in April 2002, one month prior to the end of my lease. He said, no problem, and he would put the ads out now. Come April, I move out, and he finds someone for May. I cleaned the apt AND paid April in full.

The last 2 weeks of March we rescued a kitten off the street which was against the lease. This gets complicated...

He is refusing to return my security deposit unless I get the carpets (UNDERNEATH the carpets we bought and had down) STEAM CLEANED) The first day I could have them steam cleaned , but the earliest they could get done was May1st. He said not good enough, b/c the new tenant was in there.

Now, he wants to go to court.

Otherwise the apt is in perfect condition, and I want my security dep. back. He has 30 days, but I havent been able to get in touch with him. What is the deal here?


Asked on 5/24/02, 3:41 pm

1 Answer from Attorneys
Ryan Dornish Ryan A. Dornish, Attorney At Law

Re: Securit Deposit: Landlord is making ridiculous demands

Please be advised that I have not been retained to represent you and I am basing this response on the limited amount of information supplied. However, you both have some ground to stand on. You broke the lease and took in a pet. You also were willing to have the carpet cleaned and the landlord suffered no damage as a result of the dirty carpet since 1) he did not pay for the carpet and 2) new tenants rented the apartment with the carpets in dirty condition. There is never a guarantee when it comes to winning in Court, but from the facts supplied, you likely have a good chance at regaining your security deposit. Do not rely on this information until I or another attorney have had a chance to review the terms of your lease and any other other relevant facts. If you wish to discuss this matter, I can be reached at 908-537-7975.

Good Luck!

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Answered on 5/24/02, 10:28 pm


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