Legal Question in Landlord & Tenant Law in New Jersey

Landlord has not sent my security deposit and it's past 30 days. I have sent a letter demanding my deposit or I will have to go to Small Claims Court, but I prefer to amicably settle it. He already calculated his cost of damages but refuses to send the difference without me signing a liability waiver first (which does not protect both parties). He is bullying me into signing this waiver and now threatens to sue me for a list of ridiculous things he claims was breach of the lease. I was hoping to keep this with Small Claims but the fact that he wanted that waiver signed worries me that he had full intention from the beginning to find ridiculous ways to attempt to sue me. Now I feel like I'm being harrassed and I have been pushed into a corner with no option but to legally protect myself. I do not want to pay for an expensive retainer fee over a small amount but I want to feel protected because I am pretty certain there was a lawsuit with a previous tenant. He bad mouthed her every chance he had during my lease. Now I think I'm understanding why. I don't mind paying a small portion for legal advice on what my next move should be and if his threats of seeing me are possible.


Asked on 9/09/14, 3:51 pm

1 Answer from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

He cannot withhold your security in exchange for a release. This is a violation of the Rent Security Act. Given this behavior, I would have an attorney review the file. There may be other violations you may not be aware of. Most attorneys will give you a free initial consultation.

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Answered on 9/10/14, 3:13 am


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