Legal Question in Real Estate Law in New Jersey

Summer Rental, Tenant Wants Money Back after 2 days, lease not yet signed

April 2005: Agreed to rent summer home to Primary renter and 5 friends from 6/15/05 - 9/6/05. No Deposit received at that time but took house off market as requested. June 15, I met with 4/6 renters received full summer rental + $500 deposit, I discussed ''house rules'' i.e., no damage and no neighborhood disturbances) & gave Primary & 3 others 6 keys. Wife scheduled lease signing later in week when all renters could meet together. June 17, primary renter stated that others in the house were not following house rules, that she did not want to be held liable for damage, that she was being ridiculed for attempting to follow house rules, and told us conditions were intolerable for her and she was leaving. She inquired about ''what could be done about money?'' We stated that we would like to give money back but had contract with other renters when we received money and gave keys. We encouraged reconciliation and initiated weekly inspections. Primary renter never gave keys back and had full access for summer but only used those 2 days. Primary renter now suing us for her portion of summer rental. Claims we did not have lease and that we promised to give money back. Do I have to give Primary Renter her money back?


Asked on 9/28/05, 7:36 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Summer Rental, Tenant Wants Money Back after 2 days, lease not yet signed

If you are being sued, you clearly need a lawyer. Any advice would only tend to oversimplify or mislead you. I suggest you call the Bar Association for your county, and ask for the Chairman of the Real Estate Committee. then call that lawyer and ask for three good landlord-tenant lawyers.

Let me know if I can help further. I practice in Bergen, Passaic and nearby counties. Good luck.

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Answered on 9/28/05, 7:59 pm


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