Legal Question in Landlord & Tenant Law in New Jersey

Are there any lawyers on here that are familiar with New Jersey Tenant Law? About 2 1/2 years ago I moved into an apartment with a couple of friends. At that time, we signed a 12 month lease, after which it became a "month to month" lease. I moved out after my 15th month there. However, my 2 friends chose to stay there and pick up my portion of the rent. At the time when we signed the lease, we had to pay a security deposit equal to one month's rent (my portion was $700). The landlord informed me that I had to ask my roomates for that money, and that she could not give me the money back unless all three of us moved out. This doesn't seem correct to me. Over a year later, I am still trying to get this money back. It would seem fair that the landlord should have to do a "walk-through" of the apartment, determine damages, divide those damages by 3, subtract that amount from $700, and send me a check for that amount. Can someone please tell me what the law is behind this? -shawn


Asked on 12/21/09, 5:42 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

As a matter of fact, it is exactly the opposite, assuming the same lease is still in full force and effect. Again, if it is in effect, the landlord could actually go after you if your former roomates did not pay the rent. However, all of this is dependent on that key issue, whether it is in effect or not. A careful review of the lease, with a lawyer, would reveal all of your rights and responsibilities.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have any questions whatsoever, you should meet with an attorney for a full consultation before you take any further steps. Good luck! Rob Gleaner

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Answered on 12/27/09, 5:57 am


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