Security Deposit New Jersey - Notice to Quit, Security Deposit not returned

[Priyadharsini]

Jurisdiction

New Jersey

1. On November 20, 2015, Landlord sent me a notice to Quit (before that, he sent notice to Cease) asking me to vacate by November 27, 2015. The reason stated was that apartment is not maintained properly. After that, we called him and mentioned that the apartment is maintained correctly and this could be wrongly addressed to my apartment. He then called the exterminator to confirm that it should not have been really addressed to my apartment. Landlord said via text/call that he will not proceed with notice to quit and would withdraw the notice. But, he had never done that.

2. Again on 2nd Dec, we receive a notice to Cease indicating that my kid was running in the apartment and should be controlled. Because of constant problems, later i informed him on 12/06 via email/text that I would be vacating the apartment by Dec end. And, the keys were dropped to the supervisor on 12/31 and i was following him up heavily about the security deposit. After a lot of followups, He seems to have sent a notice to my previous address on Jan 25th saying that I did not provide a months notice to vacate the apartment and I am responsible for January months rent. I did not receive this notice, he sent me an email with scan copy of what he sent with USPS bill.
Since the landlord had not withdrawn previous notice to quit and also the latest notice to cease, i decided to move out quickly. I was afraid that he could exercise the notice to quit anytime (as the notice was only 3 days to vacate the apartment (per the law he quoted in the notice) and hence i vacated at the earliest time possible.

Could you please advise what can be done next as i vacated based on notice to quit but he says 1 month notice was not given. Jurisdiction - New Jersey

 

[army judge]

1. On November 20, 2015, Landlord sent me a notice to Quit (before that, he sent notice to Cease) asking me to vacate by November 27, 2015. The reason stated was that apartment is not maintained properly. After that, we called him and mentioned that the apartment is maintained correctly and this could be wrongly addressed to my apartment. He then called the exterminator to confirm that it should not have been really addressed to my apartment. Landlord said via text/call that he will not proceed with notice to quit and would withdraw the notice. But, he had never done that.

2. Again on 2nd Dec, we receive a notice to Cease indicating that my kid was running in the apartment and should be controlled. Because of constant problems, later i informed him on 12/06 via email/text that I would be vacating the apartment by Dec end. And, the keys were dropped to the supervisor on 12/31 and i was following him up heavily about the security deposit. After a lot of followups, He seems to have sent a notice to my previous address on Jan 25th saying that I did not provide a months notice to vacate the apartment and I am responsible for January months rent. I did not receive this notice, he sent me an email with scan copy of what he sent with USPS bill.
Since the landlord had not withdrawn previous notice to quit and also the latest notice to cease, i decided to move out quickly. I was afraid that he could exercise the notice to quit anytime (as the notice was only 3 days to vacate the apartment (per the law he quoted in the notice) and hence i vacated at the earliest time possible.

Could you please advise what can be done next as i vacated based on notice to quit but he says 1 month notice was not given. Jurisdiction - New Jersey

Nothing more is left for you to do.
You failed to give the required 30 day notice.
You gave notice on 06 December, which means you're legally responsible for paying the rent in January.
You could have stayed until 31 January, you chose to depart earlier.

If you dislike those facts, you are free to sue the landlord in small claims court and tell it to a judge.
Beware, in your state, if you lose you'll probably be required to pay for the landlord's attorney (should he/she choose to utilize the services of an attorney).

You're out, just keep on moving putting this episode behind you.

One last comment.
NOTHING has changed since you last asked the SAME question, so please don't ask it again.
The law doesn't change because you pose the question differently.

Sometimes you win, sometimes you lose.
This one you've lost, mate.

 

[Priya]

Thanks, But i am not clear on the point about notice to quit, what would have happened if was really to vacate on Nov 27 as per the notice to quit?
does the owner still keep the security deposit?
Did this get invalid because i gave him letter informing on my move out ?
Did this get invalid because he issue notice to cease for a different case after that?

 

[army judge]

Thanks, But i am not clear on the point about notice to quit, what would have happened if was really to vacate on Nov 27 as per the notice to quit?
does the owner still keep the security deposit?
Did this get invalid because i gave him letter informing on my move out ?
Did this get invalid because he issue notice to cease for a different case after that?

What would have happened is irrelevant.
What did happen is all that matters now.
You need to discuss your concerns with a local lawyer.
Meet with one in person and have the dialogue you appear to need.