Small Claims Court

[TomD]

What is the name of your state (only U.S. law)? New Jersey

My tenant left my townhouse with a damaged Kitchen floor, uncleaned, and keys not returned. The total cost, including replacing the Kitchen Floor, is approx $1,100. The tenant is threatening to sue me if I deduct this amount from their Security Deposit. If I go court and lose in part or total, am I responsible for their legal fees and damages? If so, that would mean in a worse case, I could be out $3,000 or $4,000... am I better off absorbing the loss?

Thanks

Tom

 

[Gail in Georgia]

If you believe that the damage this tenant left you is significant enough that it justifies keeping the cost of repairs out of their security deposit, then do so, making certain you:

1. Provide the tenant with appropriate notice of why this amount is being kept out of their security deposit, closely following the requirements for New Jersey (which is a very tenant friendly state):

LSNJLAW - D: Chapter 3: Security Deposits

2. Have plenty of documentation (pictures of the damages, receipts for repairs, etc.) in case this does end up in court. You would use such as evidence to justify you keep this amount out of their security deposit.

Gail

 

[ENASNI]

If you believe that the damage this tenant left you is significant enough that it justifies keeping the cost of repairs out of their security deposit, then do so, making certain you:

1. Provide the tenant with appropriate notice of why this amount is being kept out of their security deposit, closely following the requirements for New Jersey (which is a very tenant friendly state):

LSNJLAW - D: Chapter 3: Security Deposits

2. Have plenty of documentation (pictures of the damages, receipts for repairs, etc.) in case this does end up in court. You would use such as evidence to justify you keep this amount out of their security deposit.

Gail

Oh wow, you are good Georgia! or can I call you Gail?

 

[Gail in Georgia]

Certainly not good enough (nor brave enough!) to be a landlord in New Jersey (or New York or California!)


Gail

 

[FarmerJ]

How old was original floor covering ?

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

My tenant left my townhouse with a damaged Kitchen floor, uncleaned, and keys not returned. The total cost, including replacing the Kitchen Floor, is approx $1,100. The tenant is threatening to sue me if I deduct this amount from their Security Deposit. If I go court and lose in part or total, am I responsible for their legal fees and damages? If so, that would mean in a worse case, I could be out $3,000 or $4,000... am I better off absorbing the loss?

Thanks

Tom

Have you given PROPER legal notice of the deductions?

 

[TomD]

How old was original floor covering ?

The townhouse was built in 1988 and was not used for the first 2 years and was unoccupied from 1996 to 2010... so the floor was in good to excellent conditon... no cracks, cuts, scrapes... nothing. Does anyone know how long a vinyl floor can last... I figured I had at least another 20 years out of this floor.

 

[TomD]

Have you given PROPER legal notice of the deductions?

What is proper legal notice? It hasn't been 30 days yet, so I haven't sent an itemized list. All I've done so far is explain the situation to the tenant at the walkthru (as expected she went ballistic)... I've also sent her an email that I would be deducting the floor and other charges... is there some thing else I need to do?

 

[FarmerJ]

23 yr old floor , even with the time frame of no occupancy , (you would have to have alot of proof as to floors condition) your floor covering has a usefull life and if you have not prorated the amount of the replacement then you should , the floor cover has a depreciated value , search the net to see if you can find depreciation schedule= calculator ,or tips to figure it out and adjust amount of the the repair accordingly.

 

[TinkerBelleLuvr]

It would depend on what point it was converted over from personal use to a rental.

 

[John_DFW]

Note: Since the entrance hallway, bathroom, and kitchen all share the same floor, I'm also forced to replace them as well... I know I can't charge them,
but their actions are forcing me to spend money that I wouldn't have to spend.

^ from your other post

One other option is to replace only the kitchen flooring and correct the break with a transition strip. It might be all the floor you are justified in charging the tenant for.

I think 20+ years exceeds the life expectancy of even vinyl floor, especially in a rental.

 

[TomD]

It would depend on what point it was converted over from personal use to a rental.

It was converted to Rental on Jan 1, 2009