Legal Question in Real Estate Law in New Jersey

How do I get my security deposit back? A lease was never signed, apt not ready.

paid a deposit of $1200, in 2 equal $600 payments, both in checks, both with receipts, and no where does it say nonrefundable. The receipt from the first $600, says move in set for Sept 14th, however he pushed it back a week because it wasn't ready. On Saturday, the 20th, he assured me that only a few ''odds and ends'' needed to be finished, and it was okay for me to head over with all my belongings. A lease was to be signed at move in, and obviously never signed. When I arrived and saw the conditions of the apartment, deemed by the landlord as ''livable'', I decided against moving in. He did offer my security deposit back, in front of witnesses, and then signed a typed agreement to have the money back by 9pm Tuesday, the 23rd. If he doesn't have the money, what are my steps to getting my money back?

Images of why the apartment is entirely unlivable can be found at: geocities dot com/lizflan/index dot html

Thanks for any help available!


Asked on 9/24/08, 12:19 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: How do I get my security deposit back? A lease was never signed, apt not ready.

If the deposit is not returned, you will probably have to sue for recovery in County Court, Small Claims Division, in County where Landlord lives. You can do this yourself (you do not need a lawyer) and most forms are available on the Internet for that County. If you need to go to Court bring the pictures as part of your evidence.

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Answered on 9/24/08, 11:44 am


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