We recently moved out of a rental property. Our previous landlord kept $200 of our security deposit for stuff that he ABSOLUTELY shouldn't have. I have numerous pictures and what not that shows he is not right in keeping the $. So I filed a small claims suit against him to get it back. He also didn't provide us with the account information of where our security deposit was. Which in NJ is illegal and technically we could get double our security deposit back (which would be $4000 our sec dep was $2000). (assuming the judge rules in our favor- which I feel is very likely). Only problem is, I was out of town until Tuesday and my husband is also out of town for work, and when I went to the PO Box today, I saw that we were supposed to be in court yesterday. Damn! So now if I want to still take him to court, we have to file a motion to have the trial re-instated. And then it is up to the judge whether to do have it reinstated or not. So my DH and I are not sure what to do. If we were to win sure we would get our $ back, but its not really in our personalities to even file a law suit against some one in the first place, so to do all this seems like so much. The only reason we did in the first place was because of the principal. We made the home sooooo much nicer when we left then when we came in, by painting and cleaning carpets and fixing the lawn and all this, that we just found it absurd he would take any $ from us. So would you fight it or just let it go and take the $ we got?
its only $22 to file the claim and I would be suing for those costs as well- so if we won he would be paying them.
We lived there for 14 months. He kept the $ for having leaves blown off the driveway (when I have photos of the driveway at 4pm the last day of the lease- with no leaves) and for repair of the cement front porch which there was part that had worn away due to weather and normal wear and tear- it was cement- he cited that we were careless with it. Which how are you careless with cement! also, I have photos of the porch the day we moved in and you can see it was wearing away then as well.
For a potential $4000....worth it. I'd go for it. For recovery of $200...meh...I'd probably let it go.
But it IS the point! I generally agree with 'making a point" and maybe you'll save someone else a headache down the road...?
Here (and it may be different in NJ), if you win a small claims judgment, it's still up to you to collect the money. It also costs $95 to file a claim. So, if the landlord doesn't pay the judgement, even if you win...you are out the $200, and whatever money you spend filing a claim. Since you can't guarantee payment, I would let it go.
Winning does NOT mean he will pay. YOU are responsible for collecting payment. No one enforces him paying you. Ask yourself, do you think he will pay if you win? If not, don't bother.
You don't say why he kept the money...so really we have no clue what you are filing for. 200 equals a professional carpet cleaning. Did you do that. $200 whether you fixed up the place or not is a reasonable amount of money to be withheld. How long did you live there. if it was over a few years they can charge you even for carpet replacement in some areas.
What is it costign you to go to court? Is it only the $200? If it is going to be more time and money is it worth it for that amount?
It depends. A few years ago $200 would have been the difference in putting food on the table or not. If you need it, fight for it. If it's no big deal for you financially, just move on.
Our old landlords kept most of our deposit for no reason either. She and I never got along and I think that was a lot of it - she could screw me so why not. We just let it go and moved on though. No sense in fighting with her when we didn't need the money.
I would do the court thing to teach the man he can't walk over future tenants. If he continues to take money from everyone he becomes a bad landlord. Since you put that much work into it I think just doing it to teach him he can't do that is an important thing to do.
Let it go. Is it $200?
I think you're wonderful for pursuing the issue. You aren't just doing this for yourself but also for other tennents that he must treated the same way.
double 200 is 400 not 4000 right? anyway for 200 bucks? I wouldnt go through that hassle its going to cost more in legal fees. I WOULD leave a nasty review, and call all renters associations in the area and bad mouth him. If its true that he kept it for reasons that were unfair I'd report him to the Housing dept. IF you did things to the home to beautify it with out permission than you lose out on that money and you could have gotten in more trouble for what you did.
EDIT I see he kept 200 of the 2000? correct is that what you meant? 2000 dollars of security deposit? was it a BIG house?
For $4K, I would go back. For $200, no not worth my time.
I get the principal of the matter. he shouldn't be able to treat his tenants poorly.
You need to decide what's worth it for you. I don't know NJ courts. Since you placed the claim in the first place and missed it, will they let you refile?
I had this same situation (except for the part about missing the court date you filed for).
My landlord charged us $800 for re-painting, which they are not supposed to do unless it is beyond the usual wear&tear. I felt $800 was worth a trip to the small claims court. I did however find it to be a hassle- not the paperwork and sending in a check for $30 to file a claim, that was easy. They set up a date, I put it on my calendar. But actually having to leave work early, navigate a courthouse parking lot, get there on time only to wait through about 5 other small claims before they got to ours... a pain. It was a little interesting to see why other people were there, but, I could have been at work, y'know.
The judge listened to our case but I felt like he didn't pay that close attention and ruled for them to refund us $400. I felt like his mindset was "(sigh) another petty dispute how about I just split the difference." But, I walked out feeling that $400 was better than nothing and it was worth it.
Would it be worth it for $200? Or less if the judge decides to just rule you get a little back but not all? I would say no. On the other hand, it's probably just a form you fill out to re-instate the date, not too much hassle.
OH and my sister took some dude to Small Claims court once (for like $3,000, he was contractor who just disappeared on them) and he never did pay her, even though the court ordered him to, it was just getting too much hassle to keep trying to go after this guy so they gave up. This could totally happen, Lucky for me my landlord was cool and started sending payments the month after the court visit. I suspect she never did pay the full $400 she was supposed to, I lost track of the checks coming in, but like you said it was kinda about 'the principle of the matter" and I am pretty sure she sent close to it so after a few months of payments I was over it.
Do the next tenants a favor, save them the trouble the next time the landlord pulls this and file.
I would pursue the matter. You have two matters going on. One being not being informed of the interest bearing account your security deposit was held in and the other is the withholding of $200.00 for damage you made to the place.
I live in NJ too and I say go for it. Just be certain you don't miss another court date and show evidence of you both being out of town at the time of court. This is just professional.
