Looks like I'm plain screwed? Landlord keeping my security deposit:

[Blackjack200]

I've repeated several times that collecting it is the hardest part of the battle.

And several people have told you how to do it. On the other hand, no-one mentioned the NJ specific statute that would entitle you to double damages.

Believe it or not, it is possible to collect small judgments in NJ.

 

[gorcorps]

my sister rents a house in Mammoth lakes CA and its 4k a month

come out from that rock you live under

Not everybody lives in an area where it's acceptable to be fucked raw by rent.

Thank god I don't mind the Midwest. So much more money for other stuff

 

[dainthomas]

my sister rents a house in Mammoth lakes CA and its 4k a month

come out from that rock you live under

And I bet lots of houses in Telluride or Aspen go for that much. A resort town doesn't really compare to some dump in New Jersey.

 

[MagnusTheBrewer]

The OP should be happy he's in NJ and not in Arizona where out of State landlords are viewed as the foundation of all that's good and Holy and, renters are worthless ungrateful scum who should be happy that some upstanding landlord was willing to take their money.

 

[Slew Foot]

my sister rents a house in Mammoth lakes CA and its 4k a month

come out from that rock you live under

my neighbors rent their place, its 5k a month

 

[Sonikku]

$60,000 a year just in rent? Most American families don't even make that much.

I ought to consider renting out in some of these areas. :hmm:

 

[maddogchen]

my neighbors rent their place, its 5k a month

in Palo Alto, CA
friend: "hey do you think renting this 3 bed 2 bath house for 10k a month is expensive?"
me: "holy cow yeah!"
friend: "well its cheaper than the 14k a month i'm renting now.
me: after I pick up my jaw from the ground "holy cow, take it take it!"

 

[Schfifty Five]

I've repeated several times that collecting it is the hardest part of the battle.

Then bend over and take it like a man.

Sounds like you've already convinced yourself that this is a lost cause.

 

[SearchMaster]

It's three grand. It's worth a few hours of at least getting a judgment and filing a lien against the property. You may not collect for a while but you will eventually if the property ever changes hands.

You've convinced yourself you'll never collect but if she has enough assets to be able to rent a $2K/mo house, she's probably smart enough to just give you back your deposit (or most of it) unless there is legitimate damage (hopefully you video recorded your final walkthrough or got her to sign off on it).

I honestly think a lot of landlords just don't return the deposit in hopes the renter will just go away but if you persist, she very well may pay it back. This happened with two of my landlords in the past.

 

[Ns1]

It's three grand. It's worth a few hours of at least getting a judgment and filing a lien against the property. You may not collect for a while but you will eventually if the property ever changes hands.

You've convinced yourself you'll never collect but if she has enough assets to be able to rent a $2K/mo house, she's probably smart enough to just give you back your deposit (or most of it) unless there is legitimate damage (hopefully you video recorded your final walkthrough or got her to sign off on it).

I honestly think a lot of landlords just don't return the deposit in hopes the renter will just go away but if you persist, she very well may pay it back. This happened with two of my landlords in the past.

this

 

[Blackjack200]

(hopefully you video recorded your final walkthrough or got her to sign off on it).

It really doesn't matter, NJ law is crystal clear on this. Within 30 days of receiving the request (and I would certainly count an email request) the landlord MUST either

A. Provide the full security deposit.

--or--

B. Provide a list of specific damages and amounts deducted to pay those damages, and the balance of the security deposit.

Otherwise it's double damages. Period.

 

[highland145]

It really doesn't matter, NJ law is crystal clear on this. Within 30 days of receiving the request (and I would certainly count an email request) the landlord MUST either

A. Provide the full security deposit.

--or--

B. Provide a list of specific damages and amounts deducted to pay those damages, and the balance of the security deposit.

Otherwise it's double damages. Period.

And if they don't?

 

[SearchMaster]

It really doesn't matter, NJ law is crystal clear on this. Within 30 days of receiving the request (and I would certainly count an email request) the landlord MUST either

A. Provide the full security deposit.

--or--

B. Provide a list of specific damages and amounts deducted to pay those damages, and the balance of the security deposit.

Otherwise it's double damages. Period.

True, but we don't know how long it's been. She very well could send him a letter tomorrow that meets the 30 day requirement, outlining $3K (or more) of damages left in the building and if he has no evidence to the contrary, she could provide the court pictures of damage that a tenant did 10 years ago. Now he has to prove that those were not caused by him (not saying this WILL happen but it could).

I'd bet she coughs up the money if he bugs her a couple of times though. Especially if he threatens court, because then she has to come up to NJ from Atlanta or pay someone to represent her in court (and potentially lose $6K in the process).

 

[senseamp]

Can you put a lien on the property if she doesn't pay?

 

[isekii]

I've repeated several times that collecting it is the hardest part of the battle.

Can't you put claims against the property with the Sheriff if they don't pay up?
I'd walk right into their management office and claim the most expensive stuff in there.
Computers/Copiers/Desks etc..

 

[Squeetard]

Jeebus people. There is a difference between collecting off someone with the means to pay than off a person without 2 nickles to rub together. A court ordered judgement is the best way to get paid. You can lien their property, seize assets and garnish wages. All by filling out some paperwork and filing it.

 

[Blackjack200]

Don't pay the judgment? I don't know because I've never been down that road. I only familiarized myself with landlord tenant law because its relevant to me as a landlord and I wanted to make sure I understood what my obligations were.

If I were in Zeze's position I would have spoken to an attorney by now. In my experience, most will sit down with you free of charge and tell you how they think you should proceed. They only charge if you decide to have them represent you. That said, I find it really hard to believe that it's impossible to collect a security deposit a landlord who groundlessly refuses to pay. The OP said "Writ of Execution and all that". I have no idea what that means, but he hasn't really explained why he doesn't think he would be able to collect on a judgment.

 

[brainhulk]

It really doesn't matter, NJ law is crystal clear on this. Within 30 days of receiving the request (and I would certainly count an email request) the landlord MUST either

A. Provide the full security deposit.

--or--

B. Provide a list of specific damages and amounts deducted to pay those damages, and the balance of the security deposit.

Otherwise it's double damages. Period.

what's stopping landlords from fabricating a damage list?

 

[highland145]

Jeebus people. There is a difference between collecting off someone with the means to pay than off a person without 2 nickles to rub together. A court ordered judgement is the best way to get paid. You can lien their property, seize assets and garnish wages. All by filling out some paperwork and filing it.

Depends on the state. SC doesn't have garnishments. Property liens are only good for 10 years. I can file an execution with the sheriff's dept and they will look for titled property to repo (cars/boats) but they charge me $900 to repo/store/sell the property and if the deadbeat owes $$ on it, the 1st lien holder gets paid 1st.

If they actually have the means to pay and don't, I can file with the Master in Equity court but I have to hire a lawyer and pay who knows how much.

 

[Blackjack200]

what's stopping landlords from fabricating a damage list?

It's been a while since I really looked at it closely, but I believe the charges can't be numbers that you just pulled out of your ass. You need actual bids from contractors to support them. Remember, it's not just the statute, but how it's enforced. From what I've heard, NJ judges are very unsympathetic to landlords that fuck around with security deposits.

Someone legitimately damages the property, and you get a contractor in there to repair it, and you've got estimates and invoices etc., okay. If you decide that your unit could use some new carpets and decide to charge it against the security deposit, you could get sued for that. The law specifically forbids it (only cleaning is allowed.)

 

[AznAnarchy99]

Jeebus, your rent was 2 grand per month? What the fuck are you living in a playboy mansion?

Get some fucking equity and buy a house with that amount of cash.

Where do you live? Wyoming?

 

[Blackjack200]

Depends on the state. SC doesn't have garnishments. Property liens are only good for 10 years. I can file an execution with the sheriff's dept and they will look for titled property to repo (cars/boats) but they charge me $900 to repo/store/sell the property and if the deadbeat owes $$ on it, the 1st lien holder gets paid 1st.

If they actually have the means to pay and don't, I can file with the Master in Equity court but I have to hire a lawyer and pay who knows how much.

Can that $900 fee be folded into the amount they owe?

 

[highland145]

Can that $900 fee be folded into the amount they owe?

Yep but the typical deadbeat will already owe more on their vehicle than it's worth. I have yet to see one with a clear title that I would actually get my $$ back. Must speak to the quality of some of my customers.:\

So does the OP sue the landlord in NJ or GA because that's where she lives?

 

[Brainonska511]

Yep but the typical deadbeat will already owe more on their vehicle than it's worth. I have yet to see one with a clear title that I would actually get my $$ back. Must speak to the quality of some of my customers.:\

So does the OP sue the landlord in NJ or GA because that's where she lives?

You'd file suit in New Jersey, as the lease would be governed by New Jersey law.

 

[Blackjack200]

Yep but the typical deadbeat will already owe more on their vehicle than it's worth. I have yet to see one with a clear title that I would actually get my $$ back. Must speak to the quality of some of my customers.:\

So does the OP sue the landlord in NJ or GA because that's where she lives?

I'd guess NJ because his lease is in NJ, and he's suing under NJ state landlord tenant law, but he should probably check with the lawyer.

And he should definitely make sure she has assets to go after. A Zillow search should show him how much the LL paid for his apt. and how much it's worth now. Certainly not conclusive since she could have taken other loans against it, but suggestive at least.