 Security Deposit (by Vikas [NJ]) Feb 13, 2012 12:19 PM
 Security Deposit (by frank [NJ]) Feb 13, 2012 12:50 PM
Security Deposit (by Frank [NJ]) Feb 13, 2012 12:54 PM
Security Deposit (by Wendy [NC]) Feb 13, 2012 2:25 PM
Security Deposit (by joey [NJ]) Feb 14, 2012 4:10 AM
Security Deposit (by rick [NJ]) Feb 14, 2012 7:20 AM
Security Deposit (by Val [NJ]) Jun 30, 2012 6:56 AM
Security Deposit (by Vikas [NJ]) Posted on: Feb 13, 2012 12:19 PM
Message:
State Specific Question About: NEW JERSEY (NJ)
One of my tenant has sent a letter to apply the security deposit towards the one month rent as I was did not deposit the security deposit in the bank and also did not inform the tenant about the deposit..
Anybody had same situation if so what can be done to resolve and not to apply security deposit against rent...
--173.251.xx.x |
Security Deposit (by frank [NJ]) Posted on: Feb 13, 2012 12:50 PM
Message:
By tomorrow morning I would be sending a letter via CM w/RRR to the tenant reminding them that using the Security deposit as rent is not allowed as it is to be used for damages resulting from their tenancy.
Further, rent is due on the First of the month. The minute that the rent is late/unpaid go and file for eviction for non payment.
DO NOT DELAY OR FAIL TO DO THIS IT WILL ONLY COST YOU $$ & TIME.
Follow thru with the process, do NOT accept any rent, go to Court & you will win your claim for eviction based on no pay.
Close with this "upon your vacating the premise the balance of your Security Deposit will be returned to youin accordance wwith NJ State Law."
Any "un-paid rent"becomes damages if they do not pay their rent and therefore is considered damages and CAN BE deducted from the Security deposit. Of course should there be additional damages acctualphysical damage tothe unit, above and beyond the rental amount you can sue them for the additoinal amount owed that is above and beyyond the Security Deposit.
There is NO ADVANTAGE to delay in this situation. --75.193.xxx.xx |
Security Deposit (by Frank [NJ]) Posted on: Feb 13, 2012 12:54 PM
Message:
DISREGARD MY ENTIRE POST!!!!
DARN!!!
In my haste the part about you NOT doing the rigght thing ith the Security Deposit did not register.
You screwed yerself.
Let them live out the Security Deposit.
If you go toCourt it is very likely tthat you will loose the Deposit ANd be charged double by the Court as a penalty.
Oh yeah....not doing tthe right thing with the $$ was a sttupid error.
GO READ lsnjlaw.com and /or the NJ LL T statutes.
That was a bad and careless move. --75.193.xxx.xx |
Security Deposit (by Wendy [NC]) Posted on: Feb 13, 2012 2:25 PM
Message:
Why is what you do with the deposit NOT in your lease? So you don't have to write and inform them separately? --173.25.x.xxx |
Security Deposit (by joey [NJ]) Posted on: Feb 14, 2012 4:10 AM
Message:
unless the law has changed, it's clear what the penatly is for not deposting a SD in interest bearing account in name of tenant, and it's only 200 bucks i think. however, there is exemption for owner occupied multi families. do you live there? if so, you arent required to deposit. --95.86.xxx.xxx |
Security Deposit (by rick [NJ]) Posted on: Feb 14, 2012 7:20 AM
Message:
NJSA 46:8-19, requires a landlord with respect to a residential tenancy subject to NJ anti-eviction act, to deposit a security deposit in an interesting bearing account, and to give the tenant a written notice of the name and address of the depository bank or savings and loan, and the amount of the deposit, this notice must be given within 30 days the tenant gives the landlord the deposit
If the landlord does not give a timely and truthful notice, the tenant can demand, after 30 days expired, that the security deposit be applied to current rent due, there is no mention of a 200 dollar fine , NJSA 46:8-19, Princeton Hill assoc v. lynch
Note: the landlord cannot require another deposit as long as the tenant remains in possession: Frontenac Assoc. v. Fauerbach, 148 NJ super. 376
If these are the facts in your case, you must apply the SD to the rent and you are barred from requesting another SD for as long as they stay, which in NJ could be awhile,
--68.36.xx.xxx |
Security Deposit (by Val [NJ]) Posted on: Jun 30, 2012 6:56 AM
Message:
I have a tenant who gavr me 10 day noyice they were moving out. The lease agreement states 30 days . Do I have to give deposit back in nj? --108.110.xxx.xxx |
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