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Old 04-11-2011, 04:03 PM
 
5 posts, read 8,170 times
Reputation: 10

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hello. i moved out a unit i rented for 5 years. the landlord will not return my calls about where my security deposit refund is.
i have received no communications regarding if they are attempting to keep it or not based on a stain on the carpet, again this carpet is 5 years old.
what can i do about this?
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Old 04-11-2011, 05:00 PM
 
Location: North Jersey
334 posts, read 735,517 times
Reputation: 218
Quote:
Originally Posted by xj9ml7 View Post
hello. i moved out a unit i rented for 5 years. the landlord will not return my calls about where my security deposit refund is.
i have received no communications regarding if they are attempting to keep it or not based on a stain on the carpet, again this carpet is 5 years old.
what can i do about this?
Did you do a walkthough with the landlord when you moved out? At that time, they should tell you exactly what you will be charged for. They are required by law do do this in writing, tell you the cost, and provide the balance due to you within a certain amount of days.

I suggest sending a certified letter and then taking them to small claims court if no response.
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Old 04-11-2011, 05:08 PM
 
19,236 posts, read 25,606,665 times
Reputation: 25554
Under NJ law, you are supposed to receive a letter once per year, stating which financial institution holds your security deposit, and how much interest it has earned over the preceding year. Have you received these notices each year? If not, then your landlord has been playing fast and loose with the legal requirements and may be up to some hanky-panky at this point with your money.

As was mentioned by Anon-hate, you should have been given an exit walk-through by the landlord or his representative. If this did not take place, then the landlord might try claiming all sorts of damage on your part.

Did you take photos of the empty apartment after removing your possessions? If not, it could be very difficult to prove the condition of the carpet and other parts of the dwelling.

As was already suggested, you need to communicate with the landlord via certified letter with return receipt. Hopefully, he/she will do the right thing.

Good luck!
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Old 04-11-2011, 05:24 PM
 
Location: NJ
17,573 posts, read 46,327,694 times
Reputation: 16283
The LL only has so many days to inform you in detail of why they are withholding any money for damages. I want to say it is 30 days, but I can't remember. How long has it been since you moved out?
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Old 04-11-2011, 06:36 PM
 
5 posts, read 8,170 times
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we did a walk thru, they stated that i had a few things i was still in the proces of removing they could not complete and would have their "guys" take care of it. i signed the walkthru paper and nothing was noted as far as damager or other remarks.
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Old 04-11-2011, 06:44 PM
 
Location: North Jersey
334 posts, read 735,517 times
Reputation: 218
Quote:
Originally Posted by xj9ml7 View Post
we did a walk thru, they stated that i had a few things i was still in the proces of removing they could not complete and would have their "guys" take care of it. i signed the walkthru paper and nothing was noted as far as damager or other remarks.
Never sign a walkthrough paper until everything is finalized. Sounds like you are about to be in for a few suprises...as mentioned earlier, were you getting yearly bank statements regarding your security deposit interest?
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Old 04-11-2011, 06:50 PM
 
5 posts, read 8,170 times
Reputation: 10
yes i received the statements annually. so i should assume i am getting nothing back from them, they have about 1600.00 of my money.
which would explain the no calls answered ever, although they did state if any issues were noted they would contact me which is probably bulls**t
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Old 04-11-2011, 06:56 PM
 
Location: North Jersey
334 posts, read 735,517 times
Reputation: 218
Quote:
Originally Posted by xj9ml7 View Post
yes i received the statements annually. so i should assume i am getting nothing back from them, they have about 1600.00 of my money.
which would explain the no calls answered ever, although they did state if any issues were noted they would contact me which is probably bulls**t
Stains on a 5 year old carpet (if not older) don't justify keeping 1600. They have to allow for wear and tear, unless the stains were just careless. Maybe 300 to clean or replace if we are talking one room, but that's a little on the high end. How long has it been since you spoke to someone?
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Old 04-11-2011, 06:59 PM
 
5 posts, read 8,170 times
Reputation: 10
3 weeks, several phone calls and again the manager stated she would contact me with any issues, and nothing. nothing was noted when i signed this and i can produce a witness if needed to attest to that.
isnt nj law that regardless, the carpet has to be replaced and repainted, so condition of the unit, which was good/great, wouldnt even matter?
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Old 04-11-2011, 07:06 PM
 
Location: North Jersey
334 posts, read 735,517 times
Reputation: 218
Quote:
Originally Posted by xj9ml7 View Post
3 weeks, several phone calls and again the manager stated she would contact me with any issues, and nothing. nothing was noted when i signed this and i can produce a witness if needed to attest to that.
isnt nj law that regardless, the carpet has to be replaced and repainted, so condition of the unit, which was good/great, wouldnt even matter?
If the carpet stain is from wear and tear, that's replaced/cleaned at cost to the landlord. Don't know if it is NJ law that it has to be replaced everytime a tenant moves out. I think that is negotiated on a case by case basis with the tenant.
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