Legal Question in Real Estate Law in New Jersey

Rental in new jersey

My son and his friend would like their deposit/security money back. They left the apt in good shape, paid the rent on time, in fact, the landlord said he wished they could stay there because they were good tennents. This man inferred (on the phone), when my son asked him about the sec money, that ''times were hard and he doesnt have a new renter, etc'' this landlord is a cpa in jersey and im sure he knows all the in's and out's, what can we do? This is not fair. We dont have a lot of money to use in re-couping this money.


Asked on 1/14/09, 10:35 am

2 Answers from Attorneys

Richard Vallario Richard W. Vallario Law Office

Re: Rental in new jersey

If your son gave 30 day written notice of leaving, and the lease had expired without renewal, or was month to month, the landlord must return the security deposit, less any itemized repair costs, within 30 days. If not, your son can sue him for the deposit plus double damages.

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Answered on 1/14/09, 11:16 am
Walter LeVine Walter D. LeVine, Esq.

Re: Rental in new jersey

Richard is correct if the Lease was properly terminated. Residential leases in NJ require the funds be segregated and that the tenant be notified where they are deposited. If this was not done, this is a violation of NJ law. If security is not returned, sue in Small Claims Court where the Landlord resides or the premises were located.

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Answered on 1/14/09, 11:52 am


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