Security Deposit New Jersey - Security Deposit not returned by Landlord

[Satheeshkamal]

Jurisdiction

New Jersey

I recently vacated my previous apartment and my landlord is not retuning my deposit saying that i have not provided a months notice. My case is little complicated.

1. I stayed apartment C2 and then after few months moved to Apartment A5.
The agreement is only with Apartment C2, there is no agreement with Apartment A5.
I gave the notice by SMS text and a letter dropped to the common box on Dec 7th that i will vacate by Dec 31st. Landlord is claiming Jan month rent using my security deposit stating that i have not provided a month's notice. The apartment C2 agreement had only 30 days notice. Even if he has to exercise the 30 days notice, shouldn't he be deducting amount only for the 7 days shortage instead of the whole month?

2. Also, there is no agreement for A5 anyway, Can i not use this as a supportive point for getting my deposit back?

3. Also, He sent notice to cease followed by notice to quit stating that the house is not maintained in good condition. Later, he confirmed that the notice was sent incorrectly. He had not sent any official notice to withdraw notice to quit. Can this be used for my support? Will this turn against me?

4. Also, after the point 3 above happened, he sent me notice to cease again stating that my kid (2 year old) is running in the house and is causing problems to the people at the basement. I was living in the ground floor (apartment A5). He sent this notice on 2nd Dec.
Because of all these, I decided that i will vacate so that both of us can remain in peace. But, since he got my money as security deposit, he is returning back that amount.

5. Can you please advise if i can go to small claims court and what will happen if don't win, should i need to pay attorney fees of the landlord?

 

[army judge]

If you don't supply the required 30 day notice, you haven't given legal notice sufficient to comply with the lease or state laws.

If you gave notice on 7 December, such notice isn't sufficient to comply with 30 days notice before the end of December.

Your notice should have been given no later than 30 November.

The landlord claims your notice wasn't sufficient to comply with the terms of your lease (or state law,if you were considered a month to month tenant).

Nevertheless, if you and your former landlord disagree, your remedy lies in a court of law. There's no other way to compel the landlord to return the deposit, including the disputed amount for rent in January.


If you desire to take the dispute to small claims court to get back your security deposit refunded, search for the small claims court website in the county where you lived to see specific instructions HOW you file such a lawsuit in small claims.

Yes, if you don't prevail, you could be required to pay the former landlord's attorney's fees. Read your lease to learn MORE about that aspect of this matter.

If, HOWEVER, you DO PREVAIL, the court can award you the amount your attorney charged. Again, read your lease!!!!


If, after 30 days, the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court. The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant's security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. (Note: Even if you forget to ask for double the amount of money when you fill out your complaint, the court still must give you double because the law requires it.) Cite: N.J.S.A. 46:8-21.1; Gibson v. 1013 North Broad Assoc., 172 N.J. Super. 191 (App. Div. 1980); Hale v. Farrakhan, 390 N.J. Super. 335 (App. Div. 2007). If some of the deposit was returned, be sure to ask for double the amount that you feel the landlord should not have deducted from your deposit. Cite: Cottle v. Butler, 257 N.J. Super. 401 (Law Div. 1992). If you go to Small Claims Court, also write on the complaint the words "together with interest and costs of the suit." This means that you will get the interest and the money that it costs you to file the complaint ($20 plus mileage). The court should also award you reasonable attorney's fees if you hired an attorney.



A very informative pamphlet discussing NJ security deposit laws:

LSNJLAW - Understanding Your Security Deposit



NJ Department of Community Affairs has a great tutorial about the security deposit law in your state:


http://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/sdepsit_law.pdf

 

[Satheeshkamal]

Thanks for helping.

- Can he not pro-rate 7 days of rent and pay the remaining? is it not as per law?
- Also, can i use the below point in support for me as he has not withdrawn the notice to quit?
3. Also, He sent notice to cease followed by notice to quit stating that the house is not maintained in good condition. Later, he confirmed that the notice was sent incorrectly. He had not sent any official notice to withdraw notice to quit. Can this be used for my support? Will this turn against me?

 

[army judge]

Thanks for helping.

- Can he not pro-rate 7 days of rent and pay the remaining? is it not as per law?
- Also, can i use the below point in support for me as he has not withdrawn the notice to quit?
3. Also, He sent notice to cease followed by notice to quit stating that the house is not maintained in good condition. Later, he confirmed that the notice was sent incorrectly. He had not sent any official notice to withdraw notice to quit. Can this be used for my support? Will this turn against me?

He can do many things.
Some of those things might not be legal.
Only a court of law can decide the legality of anyone's actions.

I suggest you discuss this matter with an attorney.
Again, the person doesn't have to do anything you're asking, even if its legal.

You're wasting time by discussing it further with him.

You either accept it, or take it to court.

Those are your two best choices.

 

[Satheeshkamal]

Ok thanks, again - we dont have formal lease for the apartment that we were living in - Apt A5. How would this work when I win or he wins the case? (whether or not to pay attorney fees)
The reason i am asking is the security deposit is #1200. And I could not afford again to pay more if he wins.

 

[army judge]

Ok thanks, again - we dont have formal lease for the apartment that we were living in - Apt A5. How would this work when I win or he wins the case? (whether or not to pay attorney fees)
The reason i am asking is the security deposit is #1200. And I could not afford again to pay more if he wins.

Take all of your paperwork with you when you visit the lawyer.
Most lawyers will meet with you to discuss your problem at no charge.
You'll have 15-30 minutes to get REAL LEGAL advice.
Not much more we can do for you, because we don't have all of your documents.

Contrary to what you believe, you did have a lease.
It was either written, transferred from your original lease, or evolved from state statute under month to month tenancies.

Property can't be rented or leased without a lease.

You lived there by contract law, or under operation of your state's laws.