Legal Question in Landlord & Tenant Law in New Jersey

No sec deposit..no lease?

I had a tenant sign a standard one year lease on the 19th of sept. They gave me a personal check for the security deposit. The least starts Oct 1st. Prior to that I got the check back for insufficient funds. Is the lease still valid?


Asked on 10/12/08, 7:38 pm

2 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: No sec deposit..no lease?

yes, the lease is still a validly executed contract. good lesson. 1st month's rent and sec dep ALWAYS by certified funds. consider joining the NJ Property Owners Assn for assistance with issues like this. www.poanj.org

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Answered on 10/13/08, 9:31 am
Michael Kuldiner Law Offices of Michael Kuldiner, P.C.

Re: No sec deposit..no lease?

its a voidable lease, meaning you can void it. Since he never gave you consideration for the lease there is no contract.

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Answered on 10/12/08, 7:40 pm


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