Legal Question in Landlord & Tenant Law in New Jersey
I have a home in NJ. Two tenants verbally agreed to rent. I placed both names on the agreement but only one signed, the other was not present, however approved. I turned over two sets of keys, and received the pro-rated month rent and the deposit, and . The day they are going to move in the tenant that did not sign says he is not legally bound and wants all the fees back. What can I do as a landlord? Should I return the money? Or bring the tenants to court?
1 Answer from Attorneys
As the landlord under a customary lease, you are not required to treat the two individuals as separate tenants. Whatever arrangement that they have is between them. So, you can keep the deposit money and advance rent and apply it to the tenancy even though only one person occupies the premises. You are, however, entitled to exclude the other person from the property (except as a guest) unless and until they sign the lease. To avoid problems at the end of the tenancy, you should get a release from both when you return any unused security deposit. If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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