State Specific Question About: NEW JERSEY (NJ)

According to the booklet Truth in Renting, published by the State of NJ Dept. of Community Affairs, and I quote:

"Within 30 days after the end of a tenancy, a landlord must return the security deposit, plus interest earned, less deductions, to the tenant.

DEDUCTIONS MAY INCLUDE THE COST OF ANY DAMAGES OVER AND ABOVE NORMAL WEAR AND TEAR, AND ANY OTHER MONEY DUE TO THE LANDLORD UNDER THE TERMS OF THE LEASE.....

IF THE AMOUNT OF MONEY OWED TO THE LANDLORD FOR DAMAGES OR UNPAID RENT IS GREATER THAN THE AMOUNT OF THE SECURITY DEPOSIT, THE LANDLORD MAY SUE FOR THE DIFFERENCE.

If there are any deductions made from the security deposit by the landlord, an itemized list of these deductions must also be sent to the tenant by registered or certified mail within 30 days.

NO DEDUCTIONS SHALL BE MADE FROM A SECURITY DEPOSIT OF A TENANT WHO REMAINS IN POSSESSION OF THE RENTAL PREMISES.

However, if the tenant breaks the lease and moves out of the dwelling unit prior to the expiration of the lease, without legal cause, the lease is not considered to be terminated. The lease s considered to be terminated once the unit is rerented or the lease expires, provided the tenant notified the landlord as required by the lease agreement. The date the rental unit is re=renteed determines the date of the termination of the breached lease. therefore in case of a broken lease agreement by the tenant, the 30 days that the landlord has to return the tenant's security depost does not start until the landlord rerents the rental unit.

So according to this, if she signed a lease, your are entitled to keep the rent security and sue for every month that it is empty until it is rerented if the security deposit doesn't cover all that.

So I guess the lawyer does not eithr know landlord tenant law, or is just trying to scare you into giving her money back when she really owes you for every month the apt. is empty. Your 30 days to return security starts on the day you re-rent the apt.

I suggest you buy some copies of this since you are supposed to be giving this to all new tenants upon move in. Contact Department of Community Affairs State of NJ, Box 805, Trenton, NJ 08625

There used to be a small fee and an order blank in the back of these but well, you know how Trenton has been.

Tony makes a good point. If you know your rental is in violation of codes and would not pass an inspection, give the security back right now and go from there to renovate and re-rent.

In Monmouth/ Ocean counties I seen it go only one way when it came to a landlord and NO CO for the rental ; Lease is Void & All monies paid by tenant to landlord order return to tenant i.e. rent/SD

Plus you add in the fact you never followed NJ laws on security deposit; where did you deposit the SD? Co-mingled account?

It may be very difficult to find a landlord / tenant judge to side with you in the face of so many missteps in following the law in regard to residential rentals