Security Deposit - Trenton, NJ

[Double LL]

Is there a time limit that landlord has for holding onto to part of a security deposit before he may, if ever, make the repair?

My daughter moved out of her house in at the end of May, 2019. Her landlord kept 626 of her 750 security deposit, citing various repairs. It took 6 weeks of texts, emails and a registered demand letter to finally get copies of all the receipts for all this work to confirm the costs are legitimate (he is not trustworthy and I still doubt the truth of some of these receipts but there is not much I can do when there is a receipt).

The issue we are still having is over bedroom carpets. He kept $175 from each tenant to replace two bedroom carpets. When I pressed him for the receipt, he sent an unofficial guesstimate from Home Depot (the room was never officially measured) as to the cost to replace the two carpets, however, he has not ordered or purchased the carpets nor has he replaced them. He said he plans to do it when the current tenants are away on spring break which would be March 2020. Is this legal? Can a landlord hold onto money without making the repairs in a timely manner? Can he hold onto our $175 on the off chance that he will actually replace the carpet next year? How will I ever know if he does it? This doesn't seem right to me and I am more than willing to take him to small claims court for the $175 (which will double the amount if I prevail) if what he is doing is illegal.

He also withheld money for the living room rug based on another unofficial carpet estimate from Home Deport. He ended up replacing the carpet with vinyl flooring, which cost more than his original carpet estimate and he's making a big deal about how he only withheld from the carpet estimate and not the more expensive final price, like he is doing us a favor. Can the cost of a replacement that actually exceeds the value of what's being replaced be passed onto the tenants? I feel like he isn't really doing us the favor he wants me to believe.

Thank you.

 

[adjusterjack]

Read NJ's security deposit return statute:

https://law.justia.com/codes/new-jersey/2013/title-46/section-46-8-21.1/
Your daughter is presumably an adult. It would be up to her to sue in small claims court if the LL is not complying with the statute.

As for the carpet he would only be entitled to the depreciated value of replacement carpet of like kind and quality.

$350 to replace two rooms of carpet is dirt cheap. Your daughter should know the condition of the carpet. If she and her roommate ruined it then $350 is a lot less than the cost of two rooms of carpet so I don't think there's enough of an argument there to make it worth going to small claims court.

Keep in mind that if damage exceeds her deposit she may end up owing even more money. Her obligation doesn't end with just the security deposit.

 

[STEPHAN]

The LL has no obligation to do repairs. He could charge your daughter and never make any repairs.

 

[adjusterjack]

The LL has no obligation to do repairs. He could charge your daughter and never make any repairs.

Read the statute:

Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended

Expended means spent, not estimated.

 

[Double LL]

Read NJ's security deposit return statute:

https://law.justia.com/codes/new-jersey/2013/title-46/section-46-8-21.1/
Your daughter is presumably an adult. It would be up to her to sue in small claims court if the LL is not complying with the statute.

As for the carpet he would only be entitled to the depreciated value of replacement carpet of like kind and quality.

$350 to replace two rooms of carpet is dirt cheap. Your daughter should know the condition of the carpet. If she and her roommate ruined it then $350 is a lot less than the cost of two rooms of carpet so I don't think there's enough of an argument there to make it worth going to small claims court.

Keep in mind that if damage exceeds her deposit she may end up owing even more money. Her obligation doesn't end with just the security deposit.

My name is on the lease as a co-signer so I can take him to court if I want. As for the carpets, it is over $1,000 to replace the two rooms. There were six people in the house; he kept $175 from each of them for the bedroom carpets and by the way, this isn't even from her bedroom. Her room had a hardwood floor but we didn't know to get a lease that was written so that each person was only responsible for their bedroom and the common areas. Our mistake.

You wrote: "As for the carpet he would only be entitled to the depreciated value of replacement carpet of like kind and quality." So, does this mean he really isn't doing us the big favor he claims he is by not charging the difference of replacing the worn carpet with a more expensive vinyl floor? This guy also still hasn't returned the interest on their deposit. He is a real piece of work. Live and learn.

 

[Double LL]

Read the statute:



Expended means spent, not estimated.

Thank you for pointing this out. That's very interesting!!!

 

[not2cleverRed]

My name is on the lease as a co-signer so I can take him to court if I want. As for the carpets, it is over $1,000 to replace the two rooms. There were six people in the house; he kept $175 from each of them for the bedroom carpets and by the way, this isn't even from her bedroom. Her room had a hardwood floor but we didn't know to get a lease that was written so that each person was only responsible for their bedroom and the common areas. Our mistake.

You wrote: "As for the carpet he would only be entitled to the depreciated value of replacement carpet of like kind and quality." So, does this mean he really isn't doing us the big favor he claims he is by not charging the difference of replacing the worn carpet with a more expensive vinyl floor? This guy also still hasn't returned the interest on their deposit. He is a real piece of work. Live and learn.

You are correct: his logic about the "big favor" is flawed.

A carpet depreciates in its worth over its lifespan, due to expected normal wear and tear. The tenants are only responsible for damage beyond the level of normal wear and tear - if an item needs to be replaced due to this, the tenants owe only the expected depreciated value.

 

[adjusterjack]

My name is on the lease as a co-signer so I can take him to court if I want.

Co-signer as in guarantor at the bottom of the lease or co-signer as a co-tenant with your name along side your daughter's name at the top of the lease?

If the former then, no, you have no standing to sue. Guarantors have no rights (as a practical matter), only obligations, as the only thing a guarantor does is agree to pay if the tenant doesn't pay.

 

[LdiJ]

You are correct: his logic about the "big favor" is flawed.

A carpet depreciates in its worth over its lifespan, due to expected normal wear and tear. The tenants are only responsible for damage beyond the level of normal wear and tear - if an item needs to be replaced due to this, the tenants owe only the expected depreciated value.

I will also add, that a typical apartment carpet is going to have a 5 to 7 year life. So, if the carpet was brand new when they moved in, and they managed to trash it in a year, then yes, they might owe for the replacement. However, if the carpet was 5 years old, then they might not owe anything at all if the landlord replaces it.

The fact that the landlord hasn't actually replaced the carpet makes me guess that its older, and that he has been deducting from several tenants security deposits for the carpeting.

 

[STEPHAN]

Read the statute:
Expended means spent, not estimated.

Thanks for the correction. Should have paid attention to the state.

 

[Double LL]

Co-signer as in guarantor at the bottom of the lease or co-signer as a co-tenant with your name along side your daughter's name at the top of the lease?

If the former then, no, you have no standing to sue. Guarantors have no rights (as a practical matter), only obligations, as the only thing a guarantor does is agree to pay if the tenant doesn't pay.

Thanks. It is the former so if I can't get him to return the $175 since he hasn't "expended" it then she will take him to court.

 

[Double LL]

I will also add, that a typical apartment carpet is going to have a 5 to 7 year life. So, if the carpet was brand new when they moved in, and they managed to trash it in a year, then yes, they might owe for the replacement. However, if the carpet was 5 years old, then they might not owe anything at all if the landlord replaces it.

The fact that the landlord hasn't actually replaced the carpet makes me guess that its older, and that he has been deducting from several tenants security deposits for the carpeting.

Nothing was new or replaced right before they moved in and yes, I know he kept deposits from the previous tenants too. I could probably fight him about what he charged but really, at this point, I just want the $175 back bc he has not used it and I want that interest on the security deposit no matter how small an amount it is. He is such a crook and I would also love to file some sort of complaint but can't seem to find a place where to do that. Do you know what type of government agency that I would contact? Thank you. You've been very helpful.

 

[LdiJ]

Nothing was new or replaced right before they moved in and yes, I know he kept deposits from the previous tenants too. I could probably fight him about what he charged but really, at this point, I just want the $175 back bc he has not used it and I want that interest on the security deposit no matter how small an amount it is. He is such a crook and I would also love to file some sort of complaint but can't seem to find a place where to do that. Do you know what type of government agency that I would contact? Thank you. You've been very helpful.

There is not a government agency you can contact. He gets punished if you take him to court and win.