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Security Deposit Issue Update
From:
gooch999
Date posted:
10/3/2007
Years at this apartment:
2005
-
2007
2 responses
Hi, everyone,
I had my day in court last week and we were able to settle the matter amicably whereby I received most of my deposit back. I was pleased with the outcome.
As a cautionary note to all of you, I learned from Whitehall's lawyer, that just because Whitehall conducts poor business practices, that is not necessarily grounds for a small claims. Nonetheless, if you really feel on principle, like I did, that the Whitehall management has done something without real basis that has some grounds for legal action, it is worthwhile to pursue it.
Filing a small claims in Somerset County is very simple and quick. The forms are available online and the filing fee is minimal at $15. From the time I filed my small claims to settlement was no more than 30 days, but you do need to take the time off work to go to the courthouse. I was impressed with the turnaround time. Don't be afraid to stand up for your rights (as long as it is of substance). I am not encouraging you to file any small claims for the sake of it. Something of legal substance, like your security deposit, should be a proper basis of your claim. I also encourage you to always take pictures of your unit before vacating it, especially if Whitehall doesn't conduct a final inspection in your presence. The law is interpreted that your landlord does not have to legally oblige to conducting an inspection in your presence or get in touch with you after the fact with any concerns (this law should be changed).
Tenants need to reclaim their right to stand up for themselves because the laws are vague and big-company lawyers think they can bulldoze over the small guy. Plus, there is no worthy consumer advocate for tenants that I know of in NJ so you need to have the confidence and conviction to take the matter into your own hands.
The more often tenants fight for themselves, be it for maintenance issues or security deposit, the louder and clearer the message will be. Trust me, no big company wants negative publicity.
Good luck to all of you and be aware of your rights.
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User Responses
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From:
Anonymous
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Date:
10/11/2007
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good to know u got ur deposit back. thanks for taking the time to write things out. I have severe maintenance issues here and im struggling everyday. Water leaks from my bedroom floor during the rain, and its not yet been fixed since months. These people don't even come and take a look at the situation. They don't respond to the emergency number and they talk very rude and hang up the phone. Its really crazy here, they don't have any responsibility being the owners of an apartment. Im waiting to get out of here soon.
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From:
Anonymous
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Date:
10/14/2007
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I had lost 80% of my deposit last year with out any reason. I was not much aware about the legal procedure to get back at this people. Know next time any landlord acts smart I can fix him. Thanks for posting your experience. Overall, Whitehall sucks
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