Security Deposit Using my Security deposit for rent

[MsEC]

Jurisdiction

New Jersey

I am coming to the end of a long lease on a single family home in Bergen county nj. Our original lease was for 3 years, but we are now going into our 5th year. We have had trouble paying rent over the last several months. Currently we are behind 2 months rent. We are vacating this home at end of June. I have recently learned of the security deposit act N.J.S.A 46:8-19 and wonder if this statute applies to my situation? The landlord never informed us of where they were keeping our security deposit ( I have checked our lease to see if it was noted there) , and of course they never informed us of any interest made from the deposit. This is a very large deposit of $6450.00.
And I'm wondering if we can send the landlord a letter citing this statute for them to use our deposit plus 7% per year interest against past due rent?

Thank you for your help.

 

[Zigner]

Nope. From your link (with emphasis added):

However, in the case of a failure by the person receiving the security deposit to pay the annual interest or to provide the annual notice at the time of the annual interest payment, if the annual notice is not also serving as a notice of change of account or institution, before the tenant may apply the security deposit plus interest on account of the rent payment or payments due or to become due on the part of the tenant, the tenant shall first give that person a written notice of his failure and shall allow that person 30 days from the mailing date or hand delivery of this notice to comply with the annual interest payment or annual notice, or both.

 

[MsEC]

Nope. From your link (with emphasis added):

However, in the case of a failure by the person receiving the security deposit to pay the annual interest or to provide the annual notice at the time of the annual interest payment, if the annual notice is not also serving as a notice of change of account or institution, before the tenant may apply the security deposit plus interest on account of the rent payment or payments due or to become due on the part of the tenant, the tenant shall first give that person a written notice of his failure and shall allow that person 30 days from the mailing date or hand delivery of this notice to comply with the annual interest payment or annual notice, or both.

Ok, understood. But if I mail the notice this weekend, and give them 30 days to comply, then that would be around mid June or approx 2 weeks before we move out. It seems it would be allowed according to the language in the statute?

 

[army judge]

It seems it would be allowed according to the language in the statute?

It might be better to discuss the matter with your landlord or her rental agent.

If an agreement is reached, get it in writing.

I'm not saying you'll be successful, but you won't have to wonder, guess, speculate, you'll KNOW with specificity what the landlord's position is on the matter.

I wouldn't address this from a legal "know-it-all" perspective, go hat in hand, head bowed, seeking permission; NOT demanding a resolution in your favor.

Its rarely done these days, but humbleness wins people over to your side, haughtiness drives them away.

Nothing ventured, nothing gained, good luck.

 

[adjusterjack]

Ok, understood. But if I mail the notice this weekend, and give them 30 days to comply, then that would be around mid June or approx 2 weeks before we move out. It seems it would be allowed according to the language in the statute?

But if you mail the notice and the LL cures the defect by complying with the statute, you are back where you started.

I'm surprised that you haven't already been evicted for non-payment.

 

[Zigner]

Ok, understood. But if I mail the notice this weekend, and give them 30 days to comply, then that would be around mid June or approx 2 weeks before we move out. It seems it would be allowed according to the language in the statute?

What "it" are you referring to?
You are required to allow him the opportunity to rectify the problem. If I were the LL and you failed to pay me June rent on the first, I'd be giving notice to pay or quit (or whatever it's called in your state) on the second. If you are allowed a grace period for late fees, and depending on your state's requirements, that notice might come after the expiration of said grace period.

 

[MsEC]

But if you mail the notice and the LL cures the defect by complying with the statute, you are back where you started.

I'm surprised that you haven't already been evicted for non-payment.

True.
It could be a number of reasons they didn't serve eviction.... We were timely paying tenants for almost 5 years. There are some big repairs (leaking roof) they must do on the house. We have been making partial payments . The current market rate for rent in our area has fallen , etc .

It might be better to discuss the matter with your landlord or her rental agent.

If an agreement is reached, get it in writing.

I'm not saying you'll be successful, but you won't have to wonder, guess, speculate, you'll KNOW with specificity what the landlord's position is on the matter.

I wouldn't address this from a legal "know-it-all" perspective, go hat in hand, head bowed, seeking permission; NOT demanding a resolution in your favor.

Its rarely done these days, but humbleness wins people over to your side, haughtiness drives them away.

Nothing ventured, nothing gained, good luck.

thank you, I didn't think of this. I will go this route.

 

[MsEC]

But if you mail the notice and the LL cures the defect by complying with the statute, you are back where you started.

I'm surprised that you haven't already been evicted for non-payment.