Legal Question in Real Estate Law in New Jersey
We just found out that our landlord (NJ) used our security deposit. The escrow account balance is zero. What are our rights?
Asked on 4/21/12, 10:18 am
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
You may apply the amount of the security deposit to current rent. The landlord may not ask you to replace it or to give another security deposit for as long as you are in possession of the premises no matter how long that may be and no matter whether possession is under a different lease with different rent. In other words, you get the benefit of using the security deposit to pay rent and you are relieved of any requirment to pay a security deposit in the future. You may not be evicted for failure to replace the security deposit when the lease renews.
See also: http://info.corbettlaw.net/lawguru.htm
Answered on 4/21/12, 12:12 pm