Suing for Deposit AND breach of contract (no heat)

[ChrisCary]

State: New Jersey

I am preparing to sue my former landlord (an LLC) on two issues.

1. They are withholding $950 of my security deposit to cover:
(The quotes are direct quotes from their letter)

"Plaster and repaint to match color"
I only put four very small nail holes in to hold pictures. Everything else that was hung was hung by those removeable sticky things.
"Replace light bulbs with LED to make brighter"
Regular bulbs were in use when I moved in, regular bulbs were in place and working when I moved out
"Replace ceiling fans with light fixtures"
Three ceiling fans in the apartment when I moved in were all in perfect working condition when I moved out
"Replace old caulk in bathroom"
Was already old when I moved in.

For perspective this apartment is the definition of "landlord special" Everything done as cheaply as possible. I have video and photos of move in and move out condition, pretty much identical.

2. They failed to provide heat from November 15th to December 8th and again from January 10th through the day I moved out on January 31st. I have plenty of documentation that the apartment was without heat and uninhabitable.

Here are some questions that I was hoping to get help with.
The security was 950 and in NJ small claims courts can double the reward to the tenant to 1900.
The rent paid for days without heat is 2495.
NJ small claims court has a limit of 3000 unless it's a security deposit issue in which case the limit is 3000
The court form will only allow me to choose one complaint, either "contract" or "deposit"

Does this mean that I should file two different suits or can I pick one issue and file one suit?

I am sending a letter demanding the return of the remainder of my deposit plus interest (which they did not mention in their letter nor include in my check).
IF they return my deposit I am still considering suing for breach of contract on the issue. Can I do that after moving?

Thank you in advance for any help at all

 

[ChrisCary]

They have about 4 different addresses. How do I determine which to use when filing. Or can I submit all of them?

They email from a "no reply" address and use an app for everything that doesn't have any contact information.
I do have two names and their email addresses but don;t know which of the four addresses they would be able to serve one of them at.
Also, the name of the property management company is not the name of the holding company that issued the check (both companies have the same CEO who's email address I do have)

 

[adjusterjack]

NJ small claims court has a limit of 3000 unless it's a security deposit issue in which case the limit is 3000

I think you meant $5000 for the security deposit issue.

"Small claims handles cases in which the demand is not more than $3,000 or $5,000 if the demand is for the return of a tenant’s security deposit."

Small Claims (njcourts.gov)

The court form will only allow me to choose one complaint, either "contract" or "deposit"

Does this mean that I should file two different suits or can I pick one issue and file one suit?

I doubt that the court will allow two separate lawsuits. That's because the court provides a method of combining your issues into one lawsuit by filing in Special Civil Part which handles more complex cases. The disadvantage to you is that the rules of the Special Civil Part are going to be more rigorous than the simplified rules of small claims.

Special Civil - A Guide to the Court (njcourts.gov)

Besides, if you filed two cases, the defendant is likely to be able to get them consolidated and moved to Special Civil Part. I'm speculating on that but it would certainly be my response (if I was the landlord), just to make things more difficult for you..

If you don't want to file in Special Civil Part my opinion, for the two cents that it's worth, is that you'll have a better chance of winning on the deposit.

You are apparently looking for a rent refund for the periods of no heat. The New Jersey Department of Community Affairs Division of Codes and Standards apparently agrees with you on the habitability issue but also provides remedies that you could have (and should have) availed yourself of WHEN it was happening.

Microsoft Word - habitablity.doc (nj.gov)

They are all listed there along with the requirement of proper notice to the landlord. You could have withheld rent and deposited it with a court appointed administrator while getting the habitability issue into court right then as part of defense to eviction.

Another difficulty that you face with the habitability issue is the landlord's potential defense. Why was there no heat in the apartment during those periods? Was it just your apartment or was it happening to others? Was it an equipment issue? Was it the availability of parts and contractors? All the landlord needs is a reasonable explanation for the delay and you get nothing.

I am sending a letter demanding the return of the remainder of my deposit plus interest (which they did not mention in their letter nor include in my check).
IF they return my deposit I am still considering suing for breach of contract on the issue. Can I do that after moving?

You are still within the 30 day deadline for the return of the unused portion of the security deposit.

New Jersey Revised Statutes Section 46:8-21.1 (2020) - Return of deposit; displaced tenant; termination of lease; civil penalties, certain. :: 2020 New Jersey Revised Statutes :: US Codes and Statutes :: US Law :: Justia

If you get a refund and you don't want to go to court on the deductions then, yes, you can sue for the rent refund based on breach of contract. If you still want to sue for both you should consider Special Civil Part.

They have about 4 different addresses. How do I determine which to use when filing. Or can I submit all of them?

They email from a "no reply" address and use an app for everything that doesn't have any contact information.
I do have two names and their email addresses but don;t know which of the four addresses they would be able to serve one of them at.
Also, the name of the property management company is not the name of the holding company that issued the check (both companies have the same CEO who's email address I do have)

You'll want to name both the owner and the management company. There are several sources where you may be able to find names and addresses:

County assessor, recorder, tax agency.
State business entity records, like for LLC or Corps.
Property managers in NJ are required to have a real estate brokers license. Contact the NJ Real Estate Commission.

You'll have to google those as I don't know what they are in New Jersey. Your Secretary of State's office might be of help.

I hope I covered everything satisfactorily and have been of some help to you.

 

[doucar]

The LLC should have an agent for service of process on file with the state, You should use that one to serve the LLC.

 

[FarmerJ]

Your landlords mailing address is the one that your county property tax desk sends a property tax bill to , Call your county property tax desk and give them the street address you rented at and ask them for the address that the landlords property tax bills go to then when you do write the LL or sue the LL use that address . AS to lack of heat the best way to prove a landlord is not making repairs is not to move out but STAY in a apartment and call city -county building inspections and report that you did complain to the landlord about the heat not working and the LL has not repaired it and want them to have someone come out , verify that the heat is not working and then to write a order to the landlord telling them to get it fixed. IF the LL still wont get it fixed after the city has ordered them to do so then contact inspections again and insist they condemn the unit as unfit for human use. If it really went that far many jurisdictions will not reward a landlord who tries to keep deposit money unfairly and in some jurisdictions if the city has to condemn a unit then laws can in some cases spell out faster deposit return rules , your states landlord tenant laws would address your landlords obligations to her/ his tenant as well as your rights as a tenant.

 

[zddoodah]

NJ small claims court has a limit of 3000 unless it's a security deposit issue in which case the limit is 3000

So...it's no different.

Does this mean that I should file two different suits or can I pick one issue and file one suit?

If you want to recover damages in excess of $3k, you should file in the Special Civil Part-Civil.

IF they return my deposit I am still considering suing for breach of contract on the issue. Can I do that after moving?

Yes.

They have about 4 different addresses. How do I determine which to use when filing. Or can I submit all of them?

The appropriate pronoun to use for an LLC is "it," not "they." You can find the registered agent's name and address by searching at the NJ Secretary of State's website.

 

[ChrisCary]

Thank you everyone for your responses.

I've bought a house and am already out of the apartment. I intended to let the whole heat issue go and just be happy to be out of there. I never expected for them to try to keep my deposit. Getting the deposit back is a matter of principle more than the money and the thought of suing them for the lack of heat is more about fighting a bully than anything else.
I've written a letter to them and hope that they'll just send the money but I still find myself considering suing for the heat issue. If they give me back the deposit the days without heat would fall in small claims and I wouldn't lose anything.

 

[Zigner]

... I still find myself considering suing for the heat issue.

You had other avenues you could have pursued at the time. Your lack of doing so means that any "case" you have for payment is likely dead in the water.

 

[ChrisCary]

You had other avenues you could have pursued at the time. Your lack of doing so means that any "case" you have for payment is likely dead in the water.

Even the final three weeks of my lease that took me all the way to my last day?

 

[Zigner]

https://nj.gov/dca/divisions/codes/publications/pdf_lti/habitablity.pdf

Did you notify the LL in writing, as laid out in the above pamphlet?

 

[ChrisCary]

https://nj.gov/dca/divisions/codes/publications/pdf_lti/habitablity.pdf

Did you notify the LL in writing, as laid out in the above pamphlet?

I notified them in each case immediately but not by certified mail. They use an online portal for just about everything including maintenance requests. I followed up in both instances with emails and texts. I have kept the records and I would think reasonably the fact that I received responses indicates the receipt but no, I did not use certified mail.

Thank you for your responses, I'm grateful

 

[FarmerJ]

So now that Ive had a sort of decent sleep If you sue them for return of deposit take it line by line. you wrote>
"Plaster and repaint to match color"< You did not say how long you lived there but even if you lived there just one year the paint job would have had to be re done just to make the unit show better to prospects and if you lived there two years then you can tell a judge that the LL charging you to repaint is unfair since the so called life of the paint job was gone and they would have had to repaint to let the unit show better.

you wrote >"Replace light bulbs with LED to make brighter< this is not a repair concern this is a upgrade so the landlord should show the court where in the lease it says what types of bulbs are to be left in the lights or remove the charge since its unfair.
Next thing ,
"Replace ceiling fans with light fixtures" < I didnt break them so this is a upgrade that you were unfairly charged for and those three ceiling fans were all in perfect working condition when you moved out
"Replace old caulk in bathroom" the replacement charge is not fair since that sort of thing is a occaisional type of repairs that landlords have to do where age alone is the reason to replace it just so it looks better when showing to new possible prospective tenants.