Legal Question in Real Estate Law in New Jersey
Claim apartment security deposit from bankrupt land lord
We gave security deposit before moving to apartment in New jersy. The owner lives in Florida. He filed for bankruptcy in FL. I sent a claim to the bankruptcky court in Tampa FL and, got a date stamped claim documents back and after that never heard anything again. This is in Dec 2000. I am not sure how to proceed from here and wanted to know if there is any scope of getting the $'s back. We spoke to the owner sometime back and he said he not liable anymore and the apt is taken by the mortgage company. Appreciate any help with this Q.
2 Answers from Attorneys
Re: Claim apartment security deposit from bankrupt land lord
The owner is incorrect. Security deposit is your money. Pursuant to New Jersey law, a landlord must deposit the money in a seperate account with your name on it. All interest must also go to you. If the owner does not return the money within 30 days, the court may order him to pay up to 2 times the amount. Bankruptcy is not a shield for security deposit and does not discharge this owner. If you are interested in hiring my services to fallow up with the owner, I will be very happy to do so. My phone number is 201-646-9600.
Savy Grant
Attorney at Law
Re: Claim apartment security deposit from bankrupt land lord
You need to contact either the attorney for the landlord and/or the bankruptcy trustee. Either one would be able to guide you as to where the money is being held and perhaps make a suggestion as to the procedure you should follow to get it back (if you are entitled to have it back). On the other hand, remember that neither of them represent you. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on any advice that you receive. I will be happy to assist you. However, you need to call me at 856-546-8010. Good luck! Rob