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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have left my apartment after extensively cleaning it and

Resolved Question:

I have left my apartment after extensively cleaning it and fufiling the lease agreement. It was in excellent shape. I would say the bedroom wall might need to be repainted since I painted it a different color than the original beige--a light slate gray. As a business man on the road, I was gone a great deal, and seldom ate at home. The landlord wants to charge me for new carpeting, heating elements on the stove I never used, and reglazing the tub; which can't be reglazed due to being fiberglass.

This is bogus and relates directly to the fact I was harassed to leave by an aprtment manager who continually compared me to her ex-husband. There was unlawful entry into my apartment on several occasions to "investigate." I was not notified of this, but saw evidence of, and was even surprised in my bedroom by their entrance without knocking.

I was also told my son could not visit me because it car wasn't nice enough for the unit. One of my neighbors has his fender duct taped on. There is no written guidelines in the contract of the types of cars that can be owned or parked in the complex.

I am willing to give up my damage deposit, but must insist on not paying $1000 extra for an apartment that is move-in ready for a purposes. What recourse do I have. Thanks you.
Submitted: 2 years ago.
Category: Legal
Expert:  Thomas Swartz replied 2 years ago.
Hello JACUSTOMER,

You are not responsible for paying for the ordinary wear and tear on the apartment. And the items you mentioned would fall into the category of ordinary wear and tear. So you should certainly reject any claim for paying an additional $1,000 above and beyond your security deposit.

If you are willing to give up your security deposit that is fine you can do that. And you should tell the landlord to apply the security deposit to the claimed items.

But the security deposit is really meant to apply to damages to the apartment not ordinary wear and tear as mentioned above. If you wish, you could contest the use of the security deposit towards these items, informing the landlord that if he does not return the deposit, you would sue him to recover your deposit.

Thomas
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 2823
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and 7 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

I guess I want more information. My dealings with this management company do fall under harssment in my opinion. I left the apartment because I got married and moved into a house, but I would have left anyhow due to systematic harrassment including claims against my son having wild parties while my son wasn't even visiting that week, my son's car not being nice enough, using my second rental garage for storage, which is what I rented it for, how loud my car is when I start it. ( My neighbors have a souped up Camaro and Harley and do not get the same treatment.) I am even being charged for having a pet, and I have never had one. They should know after their many visits to my apartment.

I was even called at work and harassed about being late on my rent. I have never been late and have the bank records to prove it. When I told the manager this, she then told me it was my neighbor who was late, and said his name, which is a breach

of privacy.

I was denied use of the clubhouse by the manager for my son's graduation open house told it was not for the use of residents; when every other resident has had their Amway, Tupperware or birthday party in the clubhouse.

After spending two plus years of being persecuted in this manner, I would like to file complaint against the management, but am unsure who to do it with.

I am also afraid that the management will set some type of collection agency on me. I did take photos of the apartment after we cleaned it up on the assistance of my

wife; she suspected future problems since the manager basically is allowed to run amok.

Thank you for your time.

Expert:  Thomas Swartz replied 2 years ago.
In situations like this it is probably not going to be worth it to pursue any type of harassment claim against the landlord. The amount of damages you would likely receive, if any, would be minimal. And the time and effort used in pursuing a legal claim would likely be an annoyance. You can certainly complain to the management company saying that you were unfairly treated but I don't know if this is going to get you anywhere. It is my personal opinion that your main concern should be the landlord's claims about damages to the apartment. As mentioned, you should reject any claims of damage to the apartment, and state to the landlord that there was only wear and tear. It was wise of you to take photos of the apartment in case the landlord does decide to pursue you for the damages in court. You will be able to use the photos as evidence that there was only wear and tear. And if the landlord does decide to pursue you in court for the damages, you can then raise the harassment claims as a defense or as a counterclaim.

Thomas

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Thomas Swartz
Thomas Swartz
Attorney
1896 Satisfied Customers
Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.