Legal Question in Landlord & Tenant Law in New Jersey

My daughter, �D�, and her friend, �F�, signed a one year lease until the end of April, 2013 and the lease is in both of their names as well as the parents. F moved out in mid-October claiming the apartment was unlivable and making her sick. We gave written notice to the landlord that D would be moving out on 12/13. When I spoke to the landlord about breaking the lease, she said we would be liable for the rent until a new renter was found. A new tenant is moving in on 12/15 so we paid our rent up through that date. I thought that would be the only ramification. When the landlord called to tell me that someone had rented the apartment, she told me that F hadn't paid anything for November or December (amounting to $1,050). I asked that since the lease was in both of our names, would we be liable for F�s half and she said no and that we wouldn't have to pay it.

D received a Christmas card from the landlord saying that since we broke our lease early, and since F hadn't paid her rent, she was keeping the entire security deposit of $2,100 for that as well as for painting and the floors (not sure what she meant by the floors - it is hardwood throughout). There is no damage except some black lines where the back of the couch had hit the wall. Keeping F's seems fair since it is the exact amount of the rent that she owes but I don't think it's ok for her to keep ours. From what I have googled, she can't charge us for normal wear and tear. But I think she is trying to claiming that because of the broken lease and she has to paint sooner than one year.

I found this link: http://www.lsnj.org/pdfs/tenantsrightslsnjorg.pdf which seems to indicate we should get the deposit back. At a minimum, she could charge for the wall repair but that would be minimal. So from what I can see, she can keep F's security deposit and should give us back most of ours. Does that sound right? I just am not sure because of the breaking of the lease early aspect.


Asked on 12/14/12, 9:29 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

There is no hers and ours. Unless the lease is very specific otherwise, all tenants are jointly and severally liable for the rent and additional rent as well as the charges to the security account. The landlord is not required to segregate funds. And can collect the full amount due from any tenant. Any financial arrangement between the tenants is a private arrangement to which the landlord need take any notice. If the co-tenant has not paid her full share of the rent, your recourse is to collect from her. You can't require the landlord to do that.

The charges against the security deposit are a different matter and your analysis is basically correct. However, if the nature of the premises and the area is such that apartments are customarily re-painted at move-in, the landlord may have a good claim for the prorated cost of painting early.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/14/12, 2:04 pm


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