Summary
In New Jersey, landlords must return the security deposit within 30 days after the tenant moves out, providing an itemized list of damages if applicable. If damages exceed the deposit, landlords can sue in small claims court. The burden of proof lies with the landlord, but without evidence like photos or witnesses, it can be challenging. Consulting a lawyer is advisable.Full Conversation
I lived in an apartment for 3 years and I paid the security deposit. Now since I am moving out they are asking I caused serious damage and I have to pay out of pocket before I leave. What should I do?
Did you take any photos or videos of the apartment when you moved in and out to document its condition?
No
In New Jersey, landlords must return the security deposit within 30 days after the tenant has moved out. If there are damages, they should provide an itemized list of damages.
New Jersey Superior Court, Civil Division
Phone: (*) *-*
Address: * W Market St, Trenton, NJ *
Website: www.njcourts.gov what if itemized list of damages exceeds the security deposit?
If the damages exceed the security deposit, the landlord can sue you in small claims court for the remaining amount. It's advisable to consult with a lawyer.
What are the odds of winning if I don't have the photos
The odds can vary depending on the evidence presented. Did you have any witnesses or other forms of proof to support your claim?
No
In New Jersey, the burden of proof lies with the landlord to show that the damages were caused by you. However, without evidence, it could be challenging. Consider seeking legal advice.
They also don't have the photos before I moved in
If neither party has photos, it may come down to your word against theirs. It's advisable to consult with a lawyer.