Legal Question in Real Estate Law in New Jersey

Roaches

I went and checked out a room to rent in New Jersey and I asked the landlord if there were any bugs present in the house. He told me that there were no bugs present so I gave him a $500 security deposit and moved in a week later. I gave him haalf the rent for the month as i was moving in mid month. After I had moved in I found roaches in the bathroom and the bathroom had a foul smell in it. I called my landlord at home and told him the there were roaches in the house. He said that he would go to the house right away and do something. When I got home I checked to see if he put out roach traps or not. I didn't find nothing aat all. I moved out and back to my old place and asked for my security deposit back. This week I recieved a letter from him stating he will only give me back my deposit if and only if he rents the room before Dec 31st. Does he have the right to keep my deposit?


Asked on 12/20/02, 12:52 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Roaches

If he misrepresented the habitability, he has commited fraud or fale representations. In this case he is not allowed to keep the funds. Alternatively, if he offered to clear the condition, by traps or extermination, he can keep the funds. Sometimes it takes a few treatments.

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Answered on 12/20/02, 3:20 pm


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