Legal Question in Real Estate Law in New Jersey

Security on apartment

Being evicted & served with unofficial notice (not by atty). Need all security to go elsewhere but rent was raised $200 in 5/02 & finances suffering. Charging $25/day late fee. Landlord never disclosed where my security $ is (bank). If I overstay the notice, how LONG can I stay as long as I pay and if I need that to pay a portion or all rent owed, can I ask him to take $ out of security?

Thank you


Asked on 10/17/02, 6:27 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Security on apartment

Residential landlords must disclose where security is deposited, and it must be held at interest. Late fee of $25/day seems improper and could be contested. Upon proper notice he can raise rent. If you continue to pay the current rent, and he tries to evict you, you could claim hardship in inability to find another apartment. The court would give you several months to find a new location, but rent must be kept current. You cannot use security to pay rent.

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Answered on 10/25/02, 9:24 am


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