do we have a case to get the security deposit back?

We rented a house from an Indian couple who have been reasonable responsible during the one year lease. Our lease ended Dec 31st, 2009. They had next tenent ready to move in as soon as possible, so they asked if we can move out earlier.

I have ordered Sear's carpet cleaning for 4 rooms + hallway with $139, and we also contacted several cleaning companies to do a cleaning after we moved out. The cleaning estimate is less than $400.

His wife called me to offer to give us back the rent on the days left on the lease, and asked us to move out sooner. We replied that we need time to do the cleaning. If they agree, we don't take the rest rent and it can be used to do the cleaning. His wife agreed. I have kept all the email exchanges.

We moved out on Dec 27th. His contractor started to work to paint the house etc. By NJ law, he must return the deposit by Jan 26th (30 days from the date we moved out). I sent serveral emails, made phone calls to demand the deposit. He finally replied today with $2100 deduction form deposit. I feel we are not treated fairly. Here is his calculation:

Triming of trees and bushes: $ 75.00
Hauling of debris / yard cleaning: $ 150.00
Carpet cleaning $ 390.23
House cleaning (esp. kitchen) $ 550.00
Painting of scuffed areas $1023.00 (Estimate: cost actually incurred for painting full house was $4092.04)

Is the carpet cleaning $390 reasonable for 4 bedrooms + small hallway?
Is house cleaning $550 reasonable?
Do we need to pay the painting cost? We did not even put a nail on the wall. There is no damage on the wall.

Is the landlord reasonable to deduct our deposit? If we take this to a small claim court, do we have a case?

Thanks for any comments.

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你如果沒有前後照片對照檢查很難說.清潔工從正規公司請,$60/小時. -鹽汽水- 給 鹽汽水 發送悄悄話 鹽汽水 的博客首頁 (178 bytes) () 02/03/2010 postreply 05:23:30

謝謝回答 -yaya007- 給 yaya007 發送悄悄話 (538 bytes) () 02/03/2010 postreply 06:40:27

Doesn't matter, you should NOT pay for painting! -jojo1971- 給 jojo1971 發送悄悄話 (179 bytes) () 02/03/2010 postreply 11:01:21

settled with the landlord -yaya007- 給 yaya007 發送悄悄話 (560 bytes) () 02/03/2010 postreply 18:46:42

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