Legal Question in Landlord & Tenant Law in New Jersey

If I understand the facts, you have both civil and criminal remedies available. It may be easier and more effective to pursue the criminal remedy first. I see a violation of NJSA 2C:20-9, Theft By Failure to Make Proper Disposition of Property Received. The money was given to the prospective landlord in anticipation that there would be a lease. It was not given as compensation for an offer to make a lease. So, when the lease was not executed, the deposit should have been returned. Failure to do so is theft. To pursue that line, you will have to make a complaint in municipal court where the property is located./�/

If you do not have success with that, you can resort to a civil remedy. That will take longer but, depending on how the landlord has treated the funds, you may be entitled to double the damages plus attorney fees. That remedy is a bit complicated to execute on and you may want to get the help of an attorney. I handle matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm