Legal Question in Real Estate Law in New Jersey

Renting Issue

I put down a deposit of 2,425$ on an apartment on 9/13/06 and recieved keys. I signed a lease to begin on 10/1/06 monthly. The property management was supposed to repair 1 dangerous broken window, replace 1 kitchen cabinet, repair or add screens to windows before I moved in. On 9/23/06 I decided not to take the place because of a dangerous neighborhood, previously unknown drug hotspot. I was not in the bounds of the lease of yet, and the repairs were never even started, nothing had changed. Now they are taking 500$ from my initial deposit. They stated they came up with that figure by dividing the rent (970) by 30 and taking out 10 days worth of rent (because I had keys). First off, that only comes out to 323 for prorated rent. Second, no repairs were ever done, and third, I was not bound by a lease at that time. They also said that somewhere in that 500$ was a processing fee for my check.

So I am paying 500$ for an apartment that I never even moved into, didnt have a lease on, and that was still in the same condition it was before they promised me repairs would be completed. They also never informed me about the drug deals that go on right in front of said residence, even though it is common community knowledge. Please help!


Asked on 9/26/06, 4:10 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Renting Issue

Consider yourself lucky. If I understand the situation correctly, the landlord intends to return all but $500. That means that you got out of a long term lease where the landlord was not in breach for only a fraction of one month's rent. That's a good deal for you.

The fact that the landlord did not yet have the apartment ready for occupancy on Oct 1 is completely irrelevant. The extent of the repairs needed is not so large that they could not have been completed in time and the landlord is free to work its own schedule.

Consider the fact that the landlord might have held you to the lease and required you to pay the full rent until the apartment was relet and even then charged you for the costs of advertising, etc. Couple that with the fact that the landlord need not be in any special hurry to get that all done and the deal you got is very good indeed.

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

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Answered on 9/27/06, 1:45 am


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