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landlord won't return security deposit

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joyous123

Junior Member
What is the name of your state? Massachusetts

But the state where the apt. is located is NJ. I moved out of an apartment Aug.30. I broke the lease but placed an ad and found a person to take the apartment. Two months after I had moved out I still had not received my security deposit back. I called and left a message asking where it was and got no response. I had written my forwarding address to the landlord in two separate letters and left it in the phone message. I filed a claim in small claims court to get it back. NJ law says that if the landlord doesn’t return it in 30 days I’m entitled to double the amount of the deposit, so I sued for double the amount. Now I hear from the landlord’s lawyer that they are saying they sent it. I don’t believe it but he was trying to make me settle for the original deposit amount. I read a lot about this and as far as I can tell, I'm entitled to double the deposit plus interest, and if they made any deductions they have to itemize those, and one deduction they're claiming I know is not right (heard this from their lawyer), that's a $275 fee for finding someone to take the apartment but they can't charge that because I placed an ad and found the person who lives there now. What are my options? What can I do if they say they sent it? The reason I doubt it is that this landlord was shady and I have mountains of evidence about other shady behavior on their part. They're just trying to get out of paying the double. I told that lawyer I would speak to legal counsel and get back to him, because I wasn’t ready to settle for the original deposit amount. He said I needed to give him the name of my lawyer. I told him I’d have someone call him. Do I need a lawyer for small claims? What can I do?
 


BL

Senior Member
Did the original Offer have any deductions ?
If not why not take it? It's what you would have gotten anyways

If they did deduct and are only offering the deducted amount , tell them you will see them in court. It's up to them to provide proof of defense.

Any one can say anything . What counts is evidence. If you can come up with a copy of the ad, maybe on microfilm at the library , and this will certainly go toward your believability , especially if that side has already said they found a replacement.

No you don't need a lawyer.

If you have enough proof , you could respond to the Lawyer Stating you believe you have enough proof to stand on your claim , and unless they are willing to make a better offer you plan to move forward.

Kinda like calling their bluff ...
 

joyous123

Junior Member
New Jersey

Ok here's another question if anyone has an answer. The landlord's lawyer is trying to make a settlement with me and I'd like to know what I'm reasonably likely to get, to see if I should save the time and costs of going to court.

My deposit was $1350. Apparently they can charge this $275 fee because it was in the lease (for painting and re-renting the apt). Even though I found the tenant who lives there now. Finding the tenant just saved me from paying any rent for the apt. being unoccupied because I broke the lease. So $1350 - $275 doubled is $2150. The interest on the security deposit, according to them, is $42, bringing it to $2192. Now I want to know,I read somewhere that I can ask for travel costs as part of the suit. Since I live in Massachusetts now, say I ask for $100 travel costs, that's $2292. Can I ask for travel costs?

And can I cut out any of that $275 fee because I found the person who rented the apt., or is that set in stone because it's in the lease? And they have no evidence that they sent the deposit, there's no certified mail, they have only a dated copy of a check and a dated letter, both of which could have been created yesterday. And they have no reason for why they did not respond to my phone call asking where my security deposit was. Will any of this make any difference in the amount I'm likely to get? Is there any chance I won't get the double for any reason?

Their current offer is $1900. It will cost me $1-200 to get down to NJ, not to mention the time. Should I take this offer or spend 2 days going down there and let the judge decide? Am I likely to get close to the $2292?

I appreciate anyone's help with this.
:)
 

BL

Senior Member
Dang man. Take the $1900.00 settlement. Get in writing , with good payment.

Once you have the settlement money in your hands, end of Story.
No more hassles.
No more trying to find out if the law states they can put painting fees in their lease.
No travel .

Your making too much of it.
 

joyous123

Junior Member
how much I can get

Well I'm making a big deal of it because it's a big difference, anywhere from $1900-$3000 I could get. Maybe that's not a lot to people here, but I'm currently injured and unable to work and I need every dollar I can get. If it's a difference of a couple hundred dollars, I'll save the time and not go down there. But say, for example, they double the deposit $1350 x 2 = $2700 -$275 = $2425 + $42 interest = $2467. Do they double the deposit before or after taking out the $275? That makes a difference. If I can get $1-200 to travel, then I'll go ahead and go. The original amount I sued for was $3000: $1350 x 2 + interest and travel. I don't fully expect to get that, but I'm just trying to see if it's reasonable to settle or not and for how much.

I've heard also that in small claims, sometimes you wait and they don't even get to your case that day and you have to come back. That would really suck if I travel and they don't even get to my case.

So I just want some more info before I take the $1900, but I have to call back this lawyer today and then if I'm going I'll leave tomorrow.

Thanks a lot for any more help with this. :)
 
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Happy Trails

Senior Member
If you need the money suing won't be as fast as accepting what they are offering.

Why not ask the attorney for more? It wouldn't hurt to try.

Steve Miller said it best "Take the money and run". Just my opinion.
 

djohnson

Senior Member
Slim chances of getting that. Also a chance you get zip. Also a chance it keeps getting put off and put off and put off. Even if you win, you won't get the money right away. I think you are crazy if you don't take the offer.
 

joyous123

Junior Member
takin' the money

Well I have now a letter saying that my check for $1900 will be sent certified mail ASAP. So that's that and no travel. Thanks for all your help! :D
 

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