Legal Question in Landlord & Tenant Law in New Jersey

My mother in law has been having problems in her apartment with another tennant. So she has decided to move out 2 1/2 months before her lease is over, but intends on paying her rent for those months. But I suggested to her, that instead of giving the landlors Decembers rent, to have them come inspect the apartment, sign off on any damage, and tell them to keep the security for Decembers rent. Can my mother in law legally request to trade the rent for the security, as long as they agree there is no damage? She said the landlords said she cant do that. They said she has to give them Decembers rent, then after December, they will give her the security if there is no damage.


Asked on 10/13/10, 1:26 pm

1 Answer from Attorneys
Bernard J. Berkowitz Berkowitz & Raiken

The landlord is correct. The security deposit is not paid in place of rent but for damage and it will be the landlords determination if there is any damage and not yours.

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Answered on 10/21/10, 9:05 am


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