Can I do a legal holdover?

[jvmurray28]

I am due to move out of my unit as July 31, 2009 per my lease. I have paid my rent on time for the entire stay and I have had no problems. Now that this is the last month my landlord started acting strange and complaining. This started July 1, 2009..I thought this was strange and she kept asking if I had rec'd anything from the bank regarding my security deposit. Here come to find out she placed my security deposit in an interest bearing acct per NJ Law back when I moved in August of 08, but according to the statement I rec'd from the bank. She spent my security deposit back in Sept of 2008. She didn't even let it sit for a month. The only thing left from my 1400.00 is 100.00 in this acct.I never rec'd notice of the bank and the amount she placed in it. I only have the quarterly statement from the bank. Am I legally able to send a certified letter and request to use my security deposit for August of 2009. Today she called and left a message stating that is going to start the eviction process...How can she when all my rent is paid up until July of 2009?..technically I have this unit until July 31, 2009 not to mention she spent my security. Any suggestions?

 

[tpajet]

Tell her to pound sand. She can't evict you if you have not violated any part of your lease, including the fact that your rent has always been on time, and you are paid through the end of the month. Also explain to her that you will be expecting you deposit in full upon moving out, otherwise there will be legal action in her future.

If there is any problem with this, then file suit in small claims court.

 

[Gail_in_Georgia]

I believe what the OP is concerned about is that if they move out at the end of July, they will never see the security deposit, even if they take their landlord to court for withdrawing this.

Is that correct?

If so, do you wish to remain in the unit for another month, using your security deposit as rent?

The attached may help you; it reviews the circumstances under which the tenant can use the security deposit as rent:

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterthree/#3right

New Jersey tends to have landlord/tenant laws that are very, very favorable towards the tenant.

Gail