Milford, NJ asked in Real Estate Law, Construction Law and Landlord - Tenant for New Jersey

Q: I moved out of my apartment. I lived there 2 years. Can my deposit be taken for ware and tare?

I never took before photos or after, I don't think he did either. He replaced the cabinets that had some were and tare on it. There was 1 door that was dry rotted and broke the side where it locks the dead bolt. Also 1 door that was broken on my account. Can he charge me to replace all the cabinets and labor For replacing cabinets and door?

1 Lawyer Answer
Jay Schmerler
Jay Schmerler
  • Eatontown, NJ
  • Licensed in New Jersey

A: Typically you are not responsible for ordinary wear and tear. You may be responsible for any damage caused by you or your guests. It becomes a question of proof and the burden is on your landlord to prove you were the cause. It's unfortunate you did not take pictures. If nothing else, take before and after photos next time just to protect yourself.

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