[NJ] - Landlord returned partial security deposit after 75 days

Submitted by Brilliant-Sun-563 t3_116vo4i in newjersey

Original Post here: https://www.reddit.com/r/newjersey/comments/zr23us/nj_landlord_returned_partial_security_deposit/

TLDR for the original post - Landlord returned a partial security deposit ($750 out of $2250) after 75 days and I have disagreements over some of the deductions.

The itemized deductions were

  • fixing nail holes & repainting walls - $300
  • apartment cleaning, cleaning gas stove - $350
  • disassembling the couch which we left - $250
  • pro-rating the new tenants for 1 week because it took a week to fix the above issues and the new tenants asked for a rent reduction for 1 week - $550

I sent a certified letter to the landlord saying I disagreed with the charges and demanded the entire security deposit to be returned or I would sue him in small claims for 2x the deposit amount as he was supposed to return it within 30 days.

He asked if I am willing to discuss it over a call to reach a solution. On the call, we still had disagreements. We didn't reach a conclusion and said he will send a check. He sent a check for $750 saying he is willing to relieve the apartment cleaning, clean the gas stove, and pay for 50% of the disassembling of the couch & new tenant's pro-ration.

So I know that as per 46:8-21.1, the landlord is supposed to return the deposit within 30 days, or else the tenant can sue for 2x the amount. But if I go to court, I have a couple of questions regarding which law takes precedence.

Our lease had a holdover clause stating "If the tenant remains in possession of the Apartment with landlord's permission after lease expiry, a month-to-month tenancy shall be created between Landlord and Tenants". The lease was ending on the 31st of the month at 11.59 pm but with the landlord's permission, we vacated the apartment on the 1st morning at 9 am (9 hours late). The landlord claims that because we were occupying the apartment on the morning of the 1st and left the couch in the apartment (why we left is explained in OG post), he was concerned the new tenants would ask for their deposit back leaving the apartment empty making me responsible for even more rent. However, the new tenants agreed to move their move-in date ahead by 1 week (but still occupying the apartment). So, they were pro-rated for 1 week, so he is charging me for that 1 week only.

If I end up going to court, I have the following questions:

    1. The 46:8-21.1 states that owner-occupied apartments are exempt from this law but it doesn't state what the timeline is for security deposit return for the landlord. Is there any clarification?
  2. Can the landlord claim the whole month of rent since technically, I violated the lease agreements by vacating 9 hours after the lease ended converting it into a month-to-month lease even though the new tenants were charged for the rest of the month?
  3. I left a couch behind and the landlord claims it took him a week to dismantle and discard it, hence the new tenants were pro-rated for 1 week. Does this take precedence over his failure to provide itemized deductions within 30 days making him liable for 2x the deposit? (he sent it to me after 75 days).
  4. He is charging us for 7 days of rent but he didn't inform us that when I handed over the keys, does that allow him to charge for 7 days of rent? If he is charging, does that mean I should have been in possession of the apartment and the new lenants were technically living illegally?
  5. Since he failed to send itemized deductions within 30 days, can he still claim for all the above expenses if he somehow proves that they were valid?
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Training-Basket2058 t1_j9986om wrote

I’ll get back to you tomorrow but look up landlord tenant law and truth in renting that you should have received when you signed your lease

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Brilliant-Sun-563 OP t1_j99d1as wrote

Replying to Training-Basket2058 (#1,880,362)

>I’ll get back to you tomorrow but look up landlord tenant law and truth in renting that you should have received when you signed your lease

Hi, thanks for replying. I did not receive the truth in renting document from the landlord when we signed the lease. I'll check with my GF once again tomorrow in case it's only on her email and I wasn't CC'd on it. However, the lease does not mention "Acknowledgement of Truth in Renting".

Anyways the document says as per TRUTH-IN-RENTING ACT N.J.S.A. 46:8-43 through 50, "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at least 1 month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests."

The Rent Security Law (N.J.S.A. 48:6-19) also states "The Security Deposit Law applies to most residential rental properties, including mobile homes. The exception is an owner-occupied two-, or three-family dwelling. A tenant in an owner-occupied two-, or three-family dwelling may, however, make this provision applicable to their tenancy 30 days after sending a written request to the landlord that the landlord fulfills the requirements of the Security Deposit Law." Since my apartment was owner-occupied, I'm not sure if the entire act is exempt or certain sections of it are exempt. But the lease does mention "The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.).".

Due to these, I'm curious about what special privileges owner-occupied landlords have that make them exempt from these laws and what rights tenants have in this situation.

I also want to know that since I did technically stay for 9 hours after the lease ended, does that mean I owe him the entire month rent and will that take precedence over him refusing to return the security deposit/itemized deductions within 30 days.

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swoonmermaid t1_j99xgy1 wrote

I mean it’s easily 200 to move the sofa sometimes more, why would you think that’s free? And the paint for the walls is also not free as well as the labor to sparkle and paint everything + clean the entire apartment cuz it doesn’t sound like you did that either lol I’m assuming you stayed past the rental agreement and that triggered the next week of payment. Half the deposit is standard for the mess left behind Again - it’s not their job to dismantle your sofa. Depending on size that could’ve been $300 for labor and services. I just paid 270 to have mine picked up, lease agreements usually have a standard cleaning fee and yes it can be up to half the deposit. This is why it’s generally a good idea to do all that stuff yourself if you want to even hope to expect a full deposit back!

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Jimmytowne t1_j99z6ht wrote

You were expected to have everything moved out and you left a major piece of furniture?

to think you are entitled to a full refund is bonkers. You left a couch!

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stickman07738 t1_j9a9lts wrote

Just move on, you are pissing into the wind (your lease and owner will dedicate and will win any dispute) and is not worth your time and aggravation fighting it.

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Brilliant-Sun-563 OP t1_j9a9z2q wrote

Replying to swoonmermaid (#1,882,052)

Thanks. While I agree that the couch and paint are my responsibility. However, I've mentioned in the original post, the landlord not only agreed but assured me that he will take care of it and I need not worry about it. Later he flipped and charged me for all these expenses. Hence the question about returning the deposit after 75 days.

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Brilliant-Sun-563 OP t1_j9aa2w4 wrote

Replying to Jimmytowne (#1,882,186)

Thanks. While I agree that the couch is my responsibility. However, I've mentioned in the original post, the landlord not only agreed but assured me that he will take care of it and I need not worry about it. Later he flipped and charged me for all these expenses. Hence the question about returning the deposit after 75 days.

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Brilliant-Sun-563 OP t1_j9afqq8 wrote

Replying to Banana_bride (#1,883,701)

He didn't say specifically for free. We brought it in through the backyard because it wasn't fitting through the front door. Eventually, the owner completely filled the backyard with his things making it impossible to move it. We had requested him a week before moving to clear his things so that we could take the couch out which he didn't do. We also had construction work going next door which had caused issues and he specifically said that the construction guys owe him favors so he will have them take care of it and we need not worry about it. This is why I assumed we wouldn't be charging for it.

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Brilliant-Sun-563 OP t1_j9ag4dp wrote

The point is, I agree there may have been misunderstandings so I'm willing to pay for half the cost he is charging me. But does that relieve him from returning the deposit/itemized deductions after 75 days?

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Brilliant-Sun-563 OP t1_j9ag5r1 wrote

Replying to Banana_bride (#1,883,701)

The point is, I agree there may have been misunderstandings so I'm willing to pay for half the cost he is charging me. But does that relieve him from returning the deposit/itemized deductions after 75 days?

−4

Banana_bride t1_j9agskf wrote

Replying to Brilliant-Sun-563 (#1,883,813)

I’m not a lawyer, I’m not sure. But is all do this worth it? They returned the deposit late but you also violated the lease agreement. I would just cut your losses and move on. Their charges aren’t outrageous especially if they hired someone.

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jersey_girl660 t1_j9auhpd wrote

The apartment cleaning and new tenant rent charges may not be legal. Look for organizations that help tenants. They’ll know more about this then we will

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KaliGracious t1_j9b6j0t wrote

A lot of people in this thread are dead wrong. Nail holes and painting are wear and tear and they definitely can’t be charged to the tenant. Also, cleaning, unless it’s excessively dirty, is once again wear and tear and is the responsibility of the landlord.

Additionally, in New Jersey, if a security deposit isn’t returned within 14 days, the landlord is suppose to give DOUBLE the amount back to the tenant.

You can go to small claims court but it’s probably not worth your time or energy.

This is why, in this state, I will usually just not pay the last months rent and tell the landlord to use the security deposit ok it.

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Brilliant-Sun-563 OP t1_j9dmfob wrote

Replying to [deleted] (#1,892,958)

u/noticethinkingdoggos Thanks for your detailed response. Really appreciate it.

Regarding owner-occupied properties, I just re-read the lease, it says

"6. Security Deposit. The Tenants have deposited two thousand two hundred fifty dollars ($2,250.00) with the Landlord as security that the Tenants will comply with all the terms of this Lease. If the Tenants comply with the terms of this Lease, the Landlord will return this deposit within thirty (30) days of the Termination Date, including any extension, less any amounts used to pay for damages resulting from Tenants’ occupancy, if any. The Landlord may use as much of the deposit as necessary to pay for damages resulting from the Tenants’ occupancy at any time, and demand that Tenants replace the amount of the security deposit used by Landlord. The Security Deposit is not to be used by the Tenants for the payment of Rent without the Landlord’s written consent. Tenants hereby specifically waive any right or protection they may have with respect to the Security Deposit pursuant to any executive order, law, rule, regulation or otherwise which is contrary to or in conflict with the provisions of this Lease. If the Landlord sells the property, the Landlord shall transfer the deposit to the new owners for the Tenants’ benefit and notify the Tenants. The Landlord will then be released of all liability to return the security deposit. The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.)."

I don't understand what "Tenants hereby specifically waive any right or protection they may have with respect to the Security Deposit pursuant to any executive order, law, rule, regulation or otherwise which is contrary to or in conflict with the provisions of this Lease." means. Can you please explain if I just waived my right to sue?

Also, it says " The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.)." I am not sure what "et seq" means here.

If the security deposit law does not apply for owner-occupied, does it mean the landlord is not required to return the deposit within 30 days or does it mean I can sue but would only get back 1x instead of 2x back?

"As far as failing to itemize within 30 days - this is irrelevant, there is no practical penalty under the law." So what is the point of the law if there is no penalty?

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ardent_wolf t1_j9f0mrd wrote

The landlord has to repaint the apartment after every tenant, there should be no charge for that specifically.

Regardless of deductions, it should have been returned in 30 days. People here aren’t lawyers, and this is not the place to ask these kinds of questions.

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Brilliant-Sun-563 OP t1_j9fj3js wrote

Replying to potatochipsfox (#1,901,549)

u/potatochipsfox

Lol. I double-checked the lease and it says, "The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.).". Now how does it look? The Rent Security Law says it won't apply to owner-occupied properties unless asked in writing. Does he saying he will comply trigger it or does it mean I still needed to trigger it?

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Training-Basket2058 t1_j9n248s wrote

I wouldn’t charge you but that’s me. I have multiple properties and I take each tenant by tenant. If they have been decent with me then I am more willing to accommodate them. That being said out of most of the residents in each property I know most of them. Nj law says landlords must return security deposit within 30 days of move out. We usually provide a list of charges based upon the condition of the apartment upon move out. I would likely charge 2 men @ 35.00 an hour to move the sofa and return the rest all in all it depends on if your landlord is a scumbag

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Brilliant-Sun-563 OP t1_j9n46oj wrote

Replying to Training-Basket2058 (#1,932,489)

Hi u/Training-Basket2058, thanks for getting back. Can you please cite a law that requires landlords to return the security deposit within 30 days?

The only law I could find is the 46:8-19 Rent Security Act, but it doesn't apply to owner-occupied properties unless the tenant invokes it by providing a 30-day notice to invoke it.

I agree with you. I accept that I left the couch and would have happily paid for it if he had just charged for that (even though he acted nice and said he will take care of it and assured me not to worry about it). But all those other bullshit charges are outrageous.

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