Legal Question in Landlord & Tenant Law in New Jersey

I am a renter in New Jersey, and my roommate moved out without giving notice to the landlord. As this was a violation of the lease, the landlord said she had forfeited her security deposit. When I handed in her key, he informed me that, since her half of the deposit was absorbed by the complex, it was my responsibility to make it up, as there can't be half a deposit on an apartment. I told him I don't have the money for both the rent and this $600 deposit, and he agreed to let me pay $400 this month and $200 next, which doesn't help because I don't have the $400. If I don't pay the $400 that I don't have by tomorrow, he's going to evict me. Can he legally do this???


Asked on 8/30/11, 2:52 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

No. Unless the lease has special provisions to treat each tenant separately, the landlord has no right to take or apply the security deposit nor does your former roomate get anything back until the lease terminates. You can continue to live there and the security deposit stays where it is. Unfortunately, you will owe the full rent each month.

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

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Answered on 8/30/11, 4:26 pm


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