Legal Question in Landlord & Tenant Law in New Jersey
Landlord/Tenant (verbal)
I moved from a residence owing
$225.00 back due rent. At the time,
the landlord (a friend/no lease)
agreed to let me pick up my
belongings when I returned from
out-of-town. Upon my return, he
decided to hold my belongings until I
paid him the $225.00. I have not
been employed and cannot pay it.
Second, I resent paying to recover
my belongings. Does he have a legal
right to hold my belongings hostage
until I pay the amount?
1 Answer from Attorneys
Re: Landlord/Tenant (verbal)
The landlord cannot hold you property that way in a residential lease.
In New Jersey, if a tenant leaves property behind when vacating, the landlord must send a very specific notice to the tentant at whatever address forwarding address there may be to the effect that the tenant has 30 days to remove the property that was left. NJSA 2A:18-73 et seq. The landlord can move or store the property, in which case, the tenant has to pay the costs to retrieve it, but the statute specifically prohibits the landlord from demanding back rent in exchange for the property. If the notice has been sent and the property is not retrieved, the landlord can sell or dispose of it. If the landlord violates the statute, the tenant can recover expenses presumably including attorney fees to enforce the tenant's rights.
See also: http://info.corbettlaw.net/lawguru.htm
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