Legal Question in Real Estate Law in New Jersey
Security Deposit
Me and my roommate had a m/m lease that we both signed. I moved out and ask LL for my share of the sec. deposit which he refused to return until apartment is vacated. Also, I have a written agreement signed by my roommate that if I move, she'd give me my half of the deposit back, but so far I have not seen a penny. I was thinking about going to Small Claims Court, suing both of them and let a judge decide.
Should I do that?
Thanks.
2 Answers from Attorneys
Re: Security Deposit
You should go to Small Claims Court in Special Law Part in the county in which the apartment is located.
Re: Security Deposit
It seems to me that your dispute is more with your roomate than with your landlord. Unless your landlord agreed to look at this as "two" security deposits, I do not believe he is obligated to pay you. On the other hand, if you have a reimbursement agreement with your roomate, oral or otherwise, then he/she should be forced to comply. If the agreement is oral, you may however have proof problems. You can submit this to the Small Claims Court for interpretation if you like. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, if you have any questions whatsoever, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner
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