Legal Question in Real Estate Law in New Jersey

My landlord said ok to break lease, now doesnt want to return security deposit

My Landlord told she'd never hold me to the lease if I ever wanted to move out. All I needed was to give a 30-day notice. Which is what I did and by the end of February I moved out. I have emails where my landlord agrees with breaking lease and further states that I'd be getting my security deposit back 30 days after moving out. Now, almost 2 months later, I am still waiting to get the security deposit back. She says I broke the lease and I should pay her the remaining 3 months before she returns my money. Can she do this despite our verbal agreement and written electronic correspondance? Would proof our our agreement to break the lease overule lease terms?

Can I file a small claims court to get my security deposit back?


Asked on 4/28/07, 1:50 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: My landlord said ok to break lease, now doesnt want to return security deposit

A court would decide this issue on the basis of the evidence offered. If you can prove that you had an agreement that the lease could be terminated early, you would win and get your security deposit back with no deductions for damages (because of the timing). If you cannot show that, the landlord would win and get the benefit of the lease to the extent that the law permits.

It sounds as if the landlord has a plan to keep your security and has given you a difficult choice. If you sue, you could be out the full rent; if not, only the deposit. The problem is that the right to sue for both parties continues for some time. So, regardless of your decision, preserve the evidence you have for at least six years.

You may have an evidentiary problem with emails. They are not considered to be as reliable as letters an, in some cases, may not even be admissible.

You may want to consult with a lawyer near you for futher information.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 4/28/07, 9:19 am


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