dirty tenants and security deposit

[Kim Ay]

hi to all and thank you for taking the time to opine.

we have had our unit rented to 2 young males. Their lease ended 7/31/20 and they refused to get the move out walk through. we started showing the unit 2 months before the end of the lease and every time the unit was in horrible condition dirty and smelling bad. we know that we can deduct all damages from the security deposit. but we are wondering if we can deduct anything else as the NJ contract states that they need to have the apartment in clean and neat condition. we still dont have a lease in place and that is due to the condition of the unit while we were showing it. we have pictures and videos of the condition. Since we could not rent the unit due to the condition of it can we deduct a month of rent to get all work done? please advise  

[Mark F.]

Got it. First, I would never show a very dirty unit. I'd show an unfinished unit, like paint or basic repairs etc. But not one that needs a deep clean. Sounds like yours did. So a lesson there. I showed my unit vacant that needed paint, couple sockets changed and a simple clean but not a deep clean. Had it rented withing a week. Where are you located in NJ?

On the issue of the $1k remarketing fee. I'm not a lawyer so take my advice with a grain of salt and verify but I'm not sure that's enforceable. I'll give you a common landlord tenant NJ pdf that would be great for you to read. Don't think they mention that in here. I know some states you can sometimes do that if they break the lease early but your guys didn't. They just left the place gross. Another lesson is this; you should have cleaners in there the day or two after the person leaves. Then wait until the unit is decent looking enough before showing it. All those prospects are now turned off like you said, and will not be interested.

https://www.lsnjlaw.org/public...

https://www.lsnjlaw.org/public...