Legal Question in Landlord & Tenant Law in New Jersey
landlords and tenants
i recently gave a security deposit to a lanlord to hold a apartment for my mother. my mom no longer wants the place and we did not sign a lease can he still keep our security deposit
2 Answers from Attorneys
Re: landlords and tenants
Did you sign any other documentation or contract stating that if your mother does not want the appartment the security deposit would be forfeited? How long did your mother wait until she told the landlord she did not want the apartment?
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Re: landlords and tenants
The security deposit is intended reimburse the landlord for amounts necessary to repair damage caused by the tenant. It can also be applied against any amounts owed as a result of the tenancy as rent and "additional rent" under a lease. Any excess must be returned to the tenant.
If the landlord has improperly retained of otherwise mishandled the security deposit, your mother can sue to get it back. There are special regulations that govern security deposits and there is a possiblility that additional damages can be collected.
For your mother to understand her rights in this particular situation, she should arrange a meeting with a lawyer.
See also: http://info.corbettlaw.net/lawguru.htm
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