Legal Question in Landlord & Tenant Law in New Jersey

I was evicted for nonpayment of rent, I had the court date and the judgement was against me. I left the apartment on the day the court ordered and there was no damage they told me...but now i am trying to get my security deposit back (11years they held it as a tenant) Can they take that and pay the past due or does it by law have to come back to me because of the judgement?


Asked on 1/30/13, 12:04 pm

1 Answer from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Generally, the law in new Jersey views a security deposit as the tenants property. once the tenancy ends the landlord is expected to return the money within thirty days unless the landlord sends you a letter, by certifed mail providing you with the reasons concerning why the security deposit is not being returned. They can keep the security by applying it to back rent and/or applying it to the costs of any damage that may have been caused to the apartment during the tenancy. However, the reason for the Landlord's refusal to return the money must be clearly stated in writing explaining why a portion or all of the deposit is not being returned. Again, this letter must be sent to you within thirty (30) days, unless they had no way of contacting you. If the Landlord fails to comply with the security Deposit act, then the tenant may have a cliam against the landlord. Hope this helps (201)-342-5030

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Answered on 2/04/13, 10:09 am


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