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normal wear-and-tear?

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H

headuh

Guest
What is the name of your state? NJ

I will be moving out of my apartment on December 31, 2002. I have lived here for 2 1/2 years. I have been told that it is New Jersey law that an apartment MUST be recarpeted and repainted before a new tenent moves in and that I am not responsible for the chargs for this since it is considered "normal wear-and-tear". However, in a pre-vacating letter from my landlord, I have receieved a summary of charges that include charges for shampoo/replacement of carpet and painting. Also, it states that my carpets must be vacuumed and PROFESSIONALLY shampooed. There are no damages to the walls or carpets, just smudges here and there and normal flattening of the carpet from being walked on for 2 1/2 years.

I do not feel that I should be held responsible for these charges. Please help!
 


HomeGuru

Senior Member
headuh said:
What is the name of your state? NJ

I will be moving out of my apartment on December 31, 2002. I have lived here for 2 1/2 years. I have been told that it is New Jersey law that an apartment MUST be recarpeted and repainted before a new tenent moves in and that I am not responsible for the chargs for this since it is considered "normal wear-and-tear". However, in a pre-vacating letter from my landlord, I have receieved a summary of charges that include charges for shampoo/replacement of carpet and painting. Also, it states that my carpets must be vacuumed and PROFESSIONALLY shampooed. There are no damages to the walls or carpets, just smudges here and there and normal flattening of the carpet from being walked on for 2 1/2 years.

I do not feel that I should be held responsible for these charges. Please help!

**A: what does your lease state concerning those issues?
 
H

headuh

Guest
I don't recall anything about being responsible for "normal wear-and-tear". I will be pulling my lease out and going over it tonight, but I still want to know if there is such a law where I should not be held responsible for this.

Also, I never left a security deposit because they do not require it from military personel... I have been advise to tell the land lord to "shove it" :D since they don't have any of my money... is this wise? Would they actually pursue a court case for a couple hundred dollars? :confused:
 
A

aahlee

Guest
YES and then some since they can attach your miltary pay quite easily.

why do you think military people get such a break moving in? so you can be sued easily on the back end!

So shampoo the carpet, dont you get those big envelopes of coupons in the mail, i get one or two a month, all sorts of deals oil changes sewer service and even carpet cleaning.

Then keep the reciepts and take lots of pictures before you leave, and make sure you get the landlord to sign off on the damages since,

the easiest scam against a miltary person is to sue in court and because you moved far far away, you cannot come back and defend yourselves, and the landlord gets a judgement and in a few months your pay is attached, that's why people give EASY credit to military folks.....rent to own scams no deposits, free rent with a years lease.
 
Last edited:
H

headuh

Guest
Thanks for the advice!

I have my own shampooer and my own paint since I have been keeping up the apartment from the time I moved in. But, according to the managment, even if the walls are spotless, they'll still charge me for painting. This is why I'm so upset about possibly having to pay for this.

Also, I'm still looking to find out if there is such a law as the one I mentioned in my first post. Anyone have any idea?
 

abezon

Senior Member
Normally I'd point you to the NJ legislative web site, but it's the worst I've seen & completely useless. Try your local library's L/T law section, a tenant union, and your JAG officer.

Document everything before you move out -- pictures, notes, etc. Ask LL to do a walk through with you & videotape it. Point out each area & tape LL's assessment of it. Get LL on tape saying when they last painted the apt and that they paint between every tenant. Also find out when the carpets were installed & if they replace them regularly. I find it very suspicious that LL sent you a bill for the carpets & paint before even seeing the place. That indicates to me that LL is trying to shift normal cost of doing business expenses to tenants by calling them damages.

FYI, carpet in rentals has an expected life of 5 years, according to the IRS. After 5 years, the carpet is fully depreciated and has a value of $0, and LL shouldn't be able to recover anything for replacing it.

Also, favorite damages for LLs include window cleaning, blind replacement, and cupboard cleaning.
 
H

headuh

Guest
Thanks for the good advice!


The LL didn't send me a bill, but a list of charges that will be my responsibility at their discretion. (Like I said, I was told that even if I leave the walls spotless, they will still paint and charge ME for it) I am definatly going to do a walk-through with them (which, btw, they are trying to get out of because of the holiday). The carpeting was new when we moved in 2 1/2 years ago and I know that they do paint between each new tenant. My point is that there are no "damages" and they want to charge me for "normal wear-and-tear"? That just doesn't seem right to me.

::shrug:: I'll see what I can find at the library.

Thanks for all your help!
 

FarmerJ

Senior Member
Head Also find out for your state how much time they have to refund deposit or to send out letter about its final disposition. If you find they will not meet you for a final walk through . you might want to send them a letter Explaining that since they didnt meet you that you took alot of pictures of the apt Inc the inside of cupboards and also all the walls and the rugs from many angles and you expect your deposit to be returned in full to enclosed address . There is no promise that they wont refund you in full but they just might do it if they know you took pics any way . And not be willing to go into court and have a judge decide based on your pics .
 
A

aahlee

Guest
Did your landlord put your security deposit in a seperate account?
---------

Security Deposits > Handling Security Deposits

Your security deposit must be deposited in a bank or savings and loan
association in New Jersey in an account bearing interest at the current rate.
However, a landlord receiving security deposit money for 10 or more units
must invest the money in an insured money market fund of a New Jersey
bank, savings bank or savings and loan association. Your landlord may deduct
either 1% of the amount of your security deposit or 12 1/2% of the interest -
whichever is greater - less any service fee charged by the savings institution to
cover the cost of administrative expenses.

After all administrative expenses are deducted, the balance of the accrued
interest is the tenant's portion and should be permitted to compound to your
benefit, be paid to you in cash, or be credited toward the payment of rent due
on the renewal or anniversary of your lease.

You landlord (or anyone receiving your deposit money) may not combine your
security deposit money with his or her own funds.

You must be notified in writing of the name and address of the institution
where your money is deposited and the amount of the deposit. This must be
done within 30 days after the full deposit is received. If you do not receive this
notice, you may use the security deposit for rent payments due or to become
due. After giving this notice, your landlord cannot make further demands for a
security deposit.

If your building is sold, the original landlord is required to hand over your
deposit plus interest earned to the new landlord and then to notify you by
registered or certified mail that the new landlord will be responsible for the
security deposit. The new landlord bears the responsibility of getting the
security from the old landlord and for returning the security to you.

Any person who uses security deposit money illegally may be criminally charged
as a disorderly person and may be subject to a fine and/or imprisonment.
 
H

headuh

Guest
ok.. I've gone over my lease and it says that there should be "no damage to the apartment, or its contents, beyond normal wear and tear"

so.... uhm... what exactly is considered as "normal wear and tear"? :confused: I would think that a few scuffs on the walls and clean, but flattened, carpet is just that.

Sorry to keep going on with this, but I'd hate to pay for something that I shouldn't have to.
 

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