LeConte Realty is not an apartment locator
Tenants looking for housing sometimes go to rental referral agencies, also called apartment locators or apartment finders. LeConte Realty does not operate this way! There have been many complaints about some of these agencies. For example, many of these agencies charge between $75 and $125 just for a list of apartments for rent. Sometimes, people are referred to apartments that are already rented or to apartments that don’t even exist. LeConte Realty does not charge you for a list of available apartments.
Finding a place to rent with a Section 8 voucher New Jersey law makes it illegal to refuse to rent housing solely because a tenant will pay rent with rental assistance, such as Section 8 or welfare. If you have a Section 8 voucher or some other subsidy, LeConte Realty is happy to assist you in finding a place to live.
Moving in Moving in marks the real beginning of your relationship with your landlord. This is the moment at which you first occupy your rental unit. This is a good time to make sure the apartment or house is safe and in good condition and, if it is not, to make an agreement with the landlord to make any necessary repairs.
The condition of the apartment when you move in is also important when you move out. At LeConte Realty, our agents will guide you through the steps you can take to get the landlord to repair items that are broken when you move in and to keep the landlord from blaming you for the damage later on. Inspect the property LeConte Realty agent will show you the apartment and allow you to check the following items before moving in.
- Bathroom-Check the water pressure and hot water, and look for leaks. Make sure that the toilet works. Check for loose tiles on the walls and floor, and look for bugs or signs of bugs.
- Kitchen-Check the water pressure, leaks, hot and cold water, stove, and refrigerator, if any; look for bugs.
- Ceiling-Check the ceiling and walls for water leak stains, dampness, loose plaster, holes, or cracks.
- Windows-Check the locks, screens, glass, and frames.
- Floors-Look for rotten wood, loose tiles, splinters, water stains, and cigarette burns.
- Electricity-Make sure that the light switches and fixtures work. Take a lamp and try all of the outlets, and look for hanging or open wires. It is sometimes not possible to check the working condition of electrical switches and outlets because the power may have been shut off in the apartment.
- Heat-Turn on the heating system and make sure that it works properly, even if you rent in the summer.
- Basement-Look for rat holes, dirt, trash, leaks, loose wires, broken windows, crumbling walls, and termites.
- Smoke detectors-Check for installation and make sure they work properly.
- Doors-Check for dead-bolt locks and peepholes on the entrance door.
- Paint-Look in all rooms to make sure paint is fresh; check for dangerous, chipping lead paint.
Get promises to repair in writing
Ask the landlord to make all necessary repairs immediately. However, you should not accept the landlord’s spoken promise. It is very important to get the landlord to write out what he or she promises to fix and when. Any promises made by the landlord that are not in writing, with the date and the landlord’s signature, are difficult to enforce. If you try to enforce a spoken promise, it will be your word against the landlord’s. A written agreement also protects you later on if the landlord tries to say that you were the one who caused the damage.
Notice of security deposit
The Rent Security Deposit Act requires the landlord to put your security deposit in a separate bank account that pays interest. The landlord must tell you in writing the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of account, and the current interest rate for that account.
The security deposit law says that this notice has to be given to the tenant in writing within 30 days after the tenant gives the deposit to the landlord. The law says that the landlord must also give the notice not just within 30 days of getting it from the tenant, but every year at the time the landlord pays the interest to the tenant. And a new landlord must also give the notice within 30 days of buying the property. The notice must be given to the tenant within 30 days after the landlord has moved the deposit from one bank to another, or from one bank account to another (unless the change in the bank or account takes place less than two months before the annual interest payment). Finally, the law required all landlords to give their tenants a new notice—telling them where the deposit is, how much it is, and how much interest it is earning—by the end of January 2004.
Interest on your security deposit
The Rent Security Deposit Act requires landlords who rent 10 or more apartments to place tenants’ security deposits in either an insured money market fund or a federally insured bank account. The account must pay a rate of interest set at least quarterly and equal to the average rate of interest paid by the bank on money market accounts.
These higher interest accounts must be in New Jersey-based institutions.
The law requires landlords who rent fewer than 10 apartments to place security deposits in bank accounts that pay at least the regular rate of interest.
Whichever type of account your security deposit is in, all of the interest earned on it is yours. The law no longer allows the landlord to keep any amount to cover his or her administrative expenses.
The law now requires that the interest earned on the deposit must either be paid to you in cash every year or subtracted from the amount of rent you owe on the renewal or the anniversary of the lease. This must be done either when your lease is to be renewed or on January 31 each year. (The landlord must give you a written notice that he or she will be paying you on January 31 of each year instead of the date your lease is renewed.)
Getting your security deposit back
The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit.
The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet.
Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting.
There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.
