Security Deposit

[Piper2004]

What is the name of your state?What is the name of your state? New Jersey
A few months ago I moved out of a house we had rented for almost three years. To make a long story a little shorter, we had a dispute with our landlord right before we moved. The landlords were pretty mad and they have kept our entire security deposit. We talked to a local lawyer and he said that since she sent us an itemized copy of the "damages" and what it cost to repair them, we can't sue for double. She also said that the damages were $2000.00 and since our security deposit was $1200.00 we actually owed her $800.00. But since we have proven to be unco-operative and she would probably have to take us to court to get it, that she wouldn't pursue it. But we could feel free to send it to them. (If she really believed we owed $800.00, she would not hesitate to take us to court, believe me.)
The bulk of the money was spent on carpeting. She replaced the entire downstairs rec room carpet. When we moved in, the carpet was old, I know it had been there several years and it was stained already. I won't dispute that we did get a rust stain on it. The lawyer we talked to said she had every right to replace it with a new carpet and charge us, even though it was a much used carpet when we moved in. (I'll bet it was over 14 years old because that's how long they had owned the house and I'm sure it was there when they bought it.)
She also put carpet in the two upstairs bedrooms. When we moved in they had hardwood floors. They weren't finished nicely or anything and they had many scratches and stains. I'm sure we did put a few scratches and such on them also, we did live there almost three years. But we certainly didn't do as much damage as she claimed. She said it was cheaper to put carpet in then to re-finish the floors. So she charged us for brand new carpet in them. It probably would be cheaper, but the floors were not in much worse shape than when we moved in.
The lawyer we talked to said that she did the right thing there also. He said he would not take the case and said that maybe we should not go to court since we may end up paying her the $800.00 and getting nothing.
I am thinking of just taking her to small claims court myself. But it would be our word against theirs. Of course we didn't take any pictures when we moved in. I never thought they would lie and keep our money the way they did. Of course it would be nice to get my money back, but if I would take her to court and win, I think I would give the money to charity and have them send her a card thanking her for the donation. (No kidding, I am totally serious.)
My questions are- Is it true that since she has itemized the list, I can't sue for double my deposit?
Is it right that she made me pay for a brand new carpet to replace an obviously old one and to put new carpet where there wasn't any to begin with?
Do any of you smart people out there think I should just forget it because I may end up owing her $800? (I sure don't want to let her steal anymore of my money.)
I guess the bottom line is, I am very upset that someone could do this and get away with it. Do any of you think I have a chance of getting anything back if I take her to court myself?
I really appreciate any help anyone can give me. Thanks!

[Devedander]

If a legitimate lawyer (not some law hut guy) tells you that you should not sue I would take their word for it. Maybe seek a second opinion but it's not likely to change unless you get an over zealous attorney.

Your position is poor since you have no evidence of the condition of the residence before you moved in. They certainly won't have the manager pull up the carpets to examine the damage and an itemized list was provided.

You can dispute some things on the list, mainly those that would render the residence in better condition than when you arrived (for instance you can argue that carpeting is better than a scarred wood floor). And you can argue that you are responsbile for only the portion of the carpets expected life left at the time you left (So if it was 5 years old and it was expected to last 10 years you would be responsible for half it's value, I am not sure how burden of proof falls in terms of proving age of the carpet, but I would suspect owner must prove with receipts last replacement).

But all that is gonna be up to the judge to believe and with no evidence it's really your word against hers.

If a lawyer won't take it it's likely it's either not in your favor or not enough in your favor to be worth the risk.

[Piper2004]

Thanks for the answer. I'm not sure how great my lawyer was. I've never seen it mentioned anywhere that if a landlord sent you an itemized list, you couldn't sue for double. I wondered if anyone else knew if that was a fact?

[ENASNI]

Reading this I wonder about that lawyer too. You read it and then post back.
Sorry, its lunch time and I am hungry, I may be back. Also Google up the exact statutes for your State! I cannot vouch for any site that does not quote statutes, but this one does.
[url]http://www.lsnjlaw.org/english/placeilive/rent/tenantsrights.cfm#ch3[/url]

[Devedander]

Originally Posted by Piper2004

Thanks for the answer. I'm not sure how great my lawyer was. I've never seen it mentioned anywhere that if a landlord sent you an itemized list, you couldn't sue for double. I wondered if anyone else knew if that was a fact?

I have never heard of this clause where you cannot be awarded double. As far as I know NJ statute is that the landlord must prove your damages and show they are beyond normal wear and tear. Barring that the court may award you up to double your deposit along with applicable court fees and interest.

[Piper2004]

Thanks for the help. I have looked all over to see if I can find anything at all about itemizing the damages for a security deposit. I can't find anything on not being able to sue for double if it's an itemized list. That's why I don't have too much faith in the lawyer we talked to. It seemed like he just wanted to rush out of his office, he didn't even really read the ridiculous 5 page letter the landlords sent us explaining all the damage we supposedly did. When I questioned him about them replacing such an old carpet with the new carpet and charging us for a brand new carpet, he was a little snotty. He said there is no such thing as used carpet. I know you can't buy used carpet, I meant that I thought we should just have to pay as much as the old carpet was worth. Not what a new carpet costs. Anyway, thanks for the help, any advice will be appreciated!

[Devedander]

Originally Posted by Piper2004

Thanks for the help. I have looked all over to see if I can find anything at all about itemizing the damages for a security deposit. I can't find anything on not being able to sue for double if it's an itemized list. That's why I don't have too much faith in the lawyer we talked to. It seemed like he just wanted to rush out of his office, he didn't even really read the ridiculous 5 page letter the landlords sent us explaining all the damage we supposedly did. When I questioned him about them replacing such an old carpet with the new carpet and charging us for a brand new carpet, he was a little snotty. He said there is no such thing as used carpet. I know you can't buy used carpet, I meant that I thought we should just have to pay as much as the old carpet was worth. Not what a new carpet costs. Anyway, thanks for the help, any advice will be appreciated!

Unless you have him on retainer or a large settlement is at stake I don't think any lawyer will read 5 pages to consider your case or offer you free help... that's a lot of potentially unpaid time for him.

But it does sound like your lawyer was a bit craptastic. Ask around for recommendations on a good lawyer. Good luck!

[Piper2004]

Thanks everyone! I'll call around and see if I can find another lawyer. I'll post back if I talk to one that can tell me about the itemized issue.