Legal Question in Landlord & Tenant Law in New Jersey
return of first months rent
i left a deposit of 1600 to a landlord. first months rent plus 1 month security. i then asked for a lease and he said he'll draw one up after i've been in for a few weeks to make sure it works out with my dog. i said ok. later on i thought about it and got nervous because without a lease that gives him the chance to just throw me out. i have a receipt that says he got my deposit. i decided to call him a few days later and try to pull out. he said he could give my deposit back but not the rent unless he rented it by the 1st. my question is that without a lease and me not having gone into my term does he have a write to keep my months rent when i never moved in or signed a lease. he has gotten very nasty and mean to me about it also which is uncalled for. he told me i have no right to it and he spoke with a lawyer and we had a verbal binding agreement. without anything in writing can he legally keep that money?
1 Answer from Attorneys
Re: return of first months rent
The landlord is within his rights to keep the month's rent. Without a lease, the tenancy is month-to-month. You have the right to occupy the premises for the month.
You may agree with the landlord that if he rents the premises for the month that includes your right of occupancy he will return you rent. The landlord is not obligated to do that and may leave the premises vacant and still charge you rent.
Next time, get a lease before you give a deposit. It would also be a good idea to let your lawyer review the lease.
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