Legal Question in Landlord & Tenant Law in New Jersey

Return of Security Deposits

My landlord sent me an email saying that the return of my deposit will be ''negatively affected'' if my former roommate refuses to move out when our lease ends. He wants to stay longer and is threatening some frivolous suit against her. The original lease ends May 31, 2007 and I have already moved out. We put the deposit in together. I feel like she must return it unless there's something wrong with the condition (which is a non-issue, since she inspected it with me present and took pictures). Am I correct? How would I approach this matter? I have a summer internship and absolutely need the money returned on time. Thanks.


Asked on 5/07/07, 3:11 pm

1 Answer from Attorneys
Frank Bosley Law Offices of Frank T. Bosley, LLC

Re: Return of Security Deposits

If your roomate stays longer than the lease allows, he becomes a 'holdover' tenant, and the landlord is probably holding the security deposit as security until he moves out. Did you sign the lease together? Your landlord can't deduct anything from the security deposit provided there is no damage and your roomate continues to pay the rent on time, but it may not be returned until the tenancy is ended. Easest thing would be to have your roomate pay you your portion and then you sign-over your portion of the deposit to him so that when he moves out, he gets all of it.

Feel free to give me a call for a free consult to discuss this further. Frank

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Answered on 5/07/07, 7:36 pm


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