Legal Question in Real Estate Law in New Jersey

How Can a landlord hold security deposit for back rent if.....................

O.kay I am a welfare recipent and Welfare paid my security deposit. The landlord signed a paper stating that he would accept the terms that the paper stated which was that under no circumstances would the deposit be used towards unpaid rent.

After just 3 months I moved out without paying rent because lack of maintnance and 5 break-ins

After moving out I called to request my deposit and he stated that he was using against back rent.

My question is can he hold my deposit even after signing a paper stating that he can't?


Asked on 3/19/01, 3:18 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: How Can a landlord hold security deposit for back rent if...................

Welfare may have to join you in a suit to recover the security. However, the landlord does have a right to use security for back rent, absent an agreement to the contrary, which you state you have. This sounds like a court suit will have to be started to get the security returned.

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Answered on 5/29/01, 10:29 am


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