[dgilman]

I live in New Jersey and on October 1,2007 my lease ended and I moved from my apartment.I gave my landlord 3 months written notice that I was not renewing my lease.I have not received my security deposit from my landlord. I called the landlord to see if there was a problem and he then explained that I would not be receiving my deposit. He claims that my pets destroyed the basement and he needed to treat it with dry chem. The basement was flooded last May. It took him two weeks to get the water out and I lost all my belongings that s why he needed dry chem. He also claims that I ruined the stove/oven. It was the same one he had in the apartment when I moved in a year ago and never fixed. I had a shower that he started to fix then never replaced the tile he just covered it up with duct tape. He also told me it was OK to leave any trash I had when moving out on the side of the house and he would take care of it.Now he says I owe him for a trash haul(Garbage pick up is included in my lease).He never informed me of where my security money was deposited. He never walked through the apartment with me to give me an opportunity to fix anything he deemed inappropriate, he never wrote to tell me I wasn't receiving my deposit, I had to call him and I still don't have my money. He claims I owe him $3,000. I don't have pictures except of the flood and the shower damages. He had contractors replace the washer and dryer, the dishwasher and make the repairs to the shower on my last day I lived in the apartment. Can he charge me for all those repairs?There is also only 1 furnace to heat this two family house. I had to pay the heat for the whole house all winter. Can I win a civil case without pictures of the apartment when I moved in and out?HELP

[excon]

Can I win a civil case without pictures of the apartment when I moved in and out?

Hello d:

Maybe.

Without having looked, I seem to recall that NJ is one state that requires the landlord to return the deposit WITHOUT being prompted, and within a certain timeframe. Should the landlord fail to do so, the tenant would win in court automatically. It doesn’t matter WHAT damage was or wasn’t done.

Let's hope my memory is good. However, YOU don't have to rely on it. We have copies of ALL the states landlord tenant laws right here at the top of the real estate page on a sticky note.

In any case, even if I'm wrong, you have a good shot at winning.

excon

[ScottGem]

Many states do have it written into the law that a landlord has to refund the deposit or provide a written accounting of what the deposit was used for within a specified time frame. If they don't they forfeit their right to use the deposit for repairs and may subject themselves to a having to pay back double the deposit. So check to see if NJ includes such a statute.

If you have proof of the water damage and other items, you stand a good chance of winning if you have to sue on the grounds that he is charging you for items he shouldn't.

But for future reference, ALWAYS document the conditions of the premises when you move in and out.