 lockout / security return (by christian [NJ]) May 12, 2017 4:19 AM
 lockout / security return (by Frank [NJ]) May 12, 2017 4:32 AM
lockout / security return (by WMH [NC]) May 12, 2017 5:09 AM
lockout / security return (by WMH [NC]) May 12, 2017 5:10 AM
lockout / security return (by christian [NJ]) May 12, 2017 10:53 AM
lockout / security return (by Mike45 [NV]) May 12, 2017 11:11 AM
lockout / security return (by John... [MI]) May 12, 2017 11:43 AM
lockout / security return (by Gail K [GA]) May 12, 2017 3:25 PM
lockout / security return (by Landlord ofthe Flies [TX]) May 12, 2017 3:30 PM
lockout / security return (by WMH [NC]) May 13, 2017 4:40 AM
lockout / security return (by christian [NJ]) Posted on: May 12, 2017 4:19 AM
Message:
State Specific Question About: NEW JERSEY (NJ)
I am locking my tenant out at noon. I found out that I still have to give them back the security deposit because that cant be used for rent owed only for damages to the house.
A rental owner update stated suck it up and sue for the moneys owed.Do you ever get your money out of these dead beats if you sue? Can I add the $83 lock out fee to the amount owed?
Ms Ally you were right mediation only prolongs the pain!
--71.187.xxx.xx |
lockout / security return (by Frank [NJ]) Posted on: May 12, 2017 4:32 AM
Message:
Huh? Did your attorney tell you that? --70.208.xx.xxx |
lockout / security return (by WMH [NC]) Posted on: May 12, 2017 5:09 AM
Message:
Security deposits are for damages, financial or otherwise. I don't know about NJ but almost everywhere you can retain a security deposit for rent owed! Who told you that you can't use it to offset rent due? --173.22.xx.xx |
lockout / security return (by WMH [NC]) Posted on: May 12, 2017 5:10 AM
Message:
"Cite: N.J.S.A. 46:8-19. Under this law, a security deposit is money that belongs to the tenant but is held by the landlord in trust. A security deposit is made to protect the landlord against the tenant’s failure to follow his or her responsibilities as stated in the lease. This includes nonpayment of rent, or damage done to the apartment by the tenant, other than ordinary wear and tear. Read your lease carefully before you sign it. The lease should state clearly where the landlord will hold your security deposit and under what conditions it will be returned to you when you move out. The security deposit law now says that a landlord can’t take any money from the tenant’s security—for repairs, rent due, or anything else—while the tenant still lives in the apartment or house." --173.22.xx.xx |
lockout / security return (by christian [NJ]) Posted on: May 12, 2017 10:53 AM
Message:
It was the clerk at the courthouse that told me about the security deposit.
Should I bother to sue for the balance due that the security doesn't cover? Is it a wast of time? The place is a mess so I think I should pay someone to clean it and add it to the balance that I am suing him for out of principle.
I have heard you never get your money any way.
Thanks for your advise! --71.187.xxx.xx |
lockout / security return (by Mike45 [NV]) Posted on: May 12, 2017 11:11 AM
Message:
First of all, verify from an atty whether you can keep the SD to pay for damages to your unit and back rent. The clerk's information seems to be wrong.
One LL on this forum just posted a success story the other day, paid in full before the Small Claims hearing was even held!! I know that others have been successful at collecting what the ex-Ts owe them.
Me, I make an educated guess/cost benefit calculation every time I am in this situation. I factor in the time and energy and money (court filing costs, service of process cost, printing up multiple sets of the photos, courthouse parking, ...) it will cost me to pursue, and the emotional benefits I will get from it.
I know that I over-prepare. I spend a lot of time so that everything is perfectly organized, my photos are mounted and labeled, ... So that time cost has to be factored in as well.
I also have to consider how likely it is that I will ever see a dime from the ex-T. Most of the time, my tenants move due to financial issues -- they can no longer afford to rent my place. So how likely is it that they will be able to pay a judgment against them?
I rarely sue for the money/damages. But if I think I can collect, I'll file a lawsuit.
--71.38.xx.xxx |
lockout / security return (by John... [MI]) Posted on: May 12, 2017 11:43 AM
Message:
Also -- remind your local clerk that they are not an attorney and not allowed to give legal advice from their position. :)
- John...
--207.241.xxx.xxx |
lockout / security return (by Gail K [GA]) Posted on: May 12, 2017 3:25 PM
Message:
The last time I was in court a defendant made a comment that a clerk gave him some legal advice (very brief advice by the way) and the judge demanded her description so he could have her terminated from her job for doing so.
Gail --71.203.xx.xx |
lockout / security return (by Landlord ofthe Flies [TX]) Posted on: May 12, 2017 3:30 PM
Message:
First of all, the clerk is probably a tenant and second, the clerk is practicing law without a license. No wonder the judge wanted a description from Gail. --99.125.xxx.xxx |
lockout / security return (by WMH [NC]) Posted on: May 13, 2017 4:40 AM
Message:
For years our county clerk had me convinced I had to wait 10 days after demand for rent before I could file. That is true ONLY IF YOU DON'T HAVE A WRITTEN LEASE. Argh.
And back then I had a TEN day grace period so a full 20 days would go by before I could file, according to her. --173.22.xx.xx |
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