Legal Question in Landlord & Tenant Law in New Jersey

House lease/security deposit

I rent an apartment in a house split into two dwelling units, neither is owner occupied. The lease has a provision that says that I can't use my security deposit to pay ''last month's rent or any other amount due'' without the landlord's written permission. My landlord, however, failed to comply with the 30 day notice requirement provision of the security deposit act (N.J.S.A. 48:8-19(c)). Do I still have the right to direct my landlord to use my security deposit to pay my rent, as per N.J.S.A. 48:8-19(c), or does the provision in the lease override my right under state law?


Asked on 9/01/07, 1:35 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: House lease/security deposit

If I understand the situation correctly, the statute prevails. The purpose of the statute is to coerce landlords into handling security deposits properly. If I recall correctly, the statute also says that the landlord cannot demand any security deposit for the duration of your tenancy.

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

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Answered on 9/04/07, 11:27 pm


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