Legal Question in Landlord & Tenant Law in New Jersey

Dear Sir,

I'm a landlord in PA and am actually writing this on behalf of a friend in NJ. I BELIEVE that I probably understand the applicable case law but I'm in PA and the law in question in NJ so I feel a bit out of my depth and would appreciate a check from a true expert.

So my friend lives in NJ and was renting an apartment with his cousin and both their girlfriends. All 4 people moved out on or before the required date. The apartment was well cared for with no damage beyond standard wear and tear.

However, one of the couples involved did not manage to remove all of their belongings in a timely fashion. As a result the landlord is trying to keep ALL of the security deposit, $1300. It is my understanding that a landlord may keep SOME of the deposit, given costs along with applicable receipts, for removal / storage. But I would not think that he is entitled to keep the ENTIRE deposit - unless there is a direct written provision for this in the actual Lease, and therefore, standard practice tenant/housing/landlord law would apply?

Thank you very much for your consideration.


Asked on 10/09/11, 2:50 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

New Jersey requires notice to a tenant when property has been left by the tenant. Assuming that the landlord complied with the notice and that the property was not removed after that, the landlord is entitled to be compensated for the cost of keeping the property safe. That cost may or may not exceed the amount of the security deposit.

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

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Answered on 10/10/11, 6:32 am


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