Legal Question in Landlord & Tenant Law in New Jersey

My lease ended 28 days ago. My landlord sent me a "release" form and says he is not required to give me my security deposit back unless I sign it. The release form is worded like a contract and it is actually a liability waiver. Is he allowed to hold the security deposit if I don't sign this? I have no intentions to sue him but I am concerned with his own intentions because the waiver doesn't protect me. It doesn't protect both parties, only him. I


Asked on 8/28/14, 2:24 pm

2 Answers from Attorneys
Matthew Schutz Matthew R. Schutz, Esq.

He is required by statue to return or account for the security within 30 days, period. You do not have to sign any agreement. He is trying to trick you. Sign nothing

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Answered on 8/28/14, 2:28 pm
John Corbett Corbett Law Firm LLC

You do not have to sign any release. Assuming that you vacated and returned possession to the landlord on or before August 1, wait another two days. A NJ landlord is required to account for the security deposit within 30 days and return any amount that is owed to the tenant. Amounts in dispute can remain on deposit until the dispute has been resolved. If the landlord does not comply, the tenant can then sue for and collect twice the amount wrongfully withheld.

I handle matters of this type. If I can be of further help to you, call or email.

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

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Answered on 8/28/14, 2:53 pm


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