Legal Question in Business Law in New Jersey

Tenants' rights and obligations

In a rush to rent an apartment which I thought would soon become unavailable if I didn't, I signed a one year lease and paid over $2,000 in security. I never saw the actual apartment, but was give a diagram of a model. I saw the apartment only after I had paid and been given the keys.

When I realized it was so small I'd have to pay a storage company $125.00 a month to store all that wouldn't fit, I told the rental agent that a personal emergency made me unable to move in and asked if anything could be done.

After several calls, I've still received no answer.

I've reveiwed the online Tenants' Rights booklet. It seems to indicate that, since no damage was done to the apt. because I never moved in, I should be entitled to the security money. It also seems that the landlord could sue me for a year's rent but would have to prove he was unable to rent it for that year. That is unlikely because these are very desirable apartments for most people.

How would you advise me to handle this?

Home e-mail: [email protected]

Any advice would be greatly appreciated!


Asked on 4/22/02, 7:03 pm

1 Answer from Attorneys
Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Tenants' rights and obligations

I'd have to look at the security deposit statute but the point of the security deposit is to secure your performance of the lease. I don't believe it is limited to damage to the property. So if you skip a month's payment I believe the landlord can apply your security deposit to that payment. The landlord does have a duty to mitigate by reletting the premises but if they can't find anyone for a month in a half I believe they can apply your security to that amount.

Read more
Answered on 4/22/02, 7:41 pm


Related Questions & Answers

More Business Law questions and answers in New Jersey