Legal Question in Real Estate Law in New Jersey

We are a military family renting a home in New Jersey and our LL is selling the home and not renewing our lease and threatening to keep our security deposit. I found NJSA 46:8-19 that says that if they neglect to tell us in writing within 30 days where our security deposit is located then we can use that deposit as rent, we have 1.5 months left on our lease and would like to confirm this law prior to not paying the rent for the last 6 weeks. Are there any caviats to this law? I notice that it states there are 2 exceptions both my understanding is that those 2 exceptions only apply to the year anniversary of the deposit being taken? Any advice would be greatly appreciated. Thanks in advance


Asked on 6/28/16, 10:13 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

If the landlord fails to notify a tenant of the location the security deposit at the beginning of the tenancy, the tenant may apply that deposit to the rent without penalty and without prior notice to the landlord. After that, the landlord can never require another replacement deposit no matter how long the tenancy lasts (even for renewal terms). So, you may apply the security deposit to the last six weeks rent if the circumstances apply. On a related point, there is some question as to whether the landlord can ask you to move. Sale of the property does not necessarily terminate your right to have a renewal lease offered to you. If it is inconvenient for you to move out and you want to remain for another term, contact me and we can discuss your rights.

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

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Answered on 6/29/16, 7:29 am


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