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Old 04-21-2009, 02:45 PM
 
Location: New Jersey
5 posts, read 48,527 times
Reputation: 14

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I just found some information about the limit on security deposits in the Security Deposit Act.

The NJ Security Deposit law states that a landlord cannot require more than one and one-half times one month's rent. It can be less. It also states that a landlord may not charge a pet security deposit if it exceeds one and one-half times one month's rent when combined with the regular security deposit (per the 9th edition of the Truth in Renting Guide, published by the New Jersey Department of Community Affairs, Division of Codes and Standards).

I have already paid the security deposit on an apartment I am planning to rent and occupy (1.5 times monthly rent), starting May 1. I have not yet signed the lease - the lease signing is scheduled for later this week. The owners/landlords allow pets, but their agent, a realtor in NJ, has told me that a $350 pet deposit would be required, in addition to my security deposit, which, as I indicated above, is already the maximum amount the landlord can hold as security.

What suggestions do you have regarding this additional pet deposit? Should I sign the lease and then contest the additional pet deposit they are requiring? Or, do you think I should approach the realtor about this? I can't believe that she doesn't know the law and hasn't advised the owners of the limit on the security deposit.

I think that the owners/realtor may be banking on my ignorance of the law. I like the apartment (location and security, etc.), but I don't want to start out renting by being adversarial.

Is there any way to resolve this pet deposit matter without having to pay more than I have to, by law, and keeping a good working relationship with the landlord?

I am open to your suggestions. Thanks in advance!

Last edited by paracetamol; 04-21-2009 at 03:31 PM..
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Old 04-21-2009, 03:08 PM
EB2
 
Location: Florida
1,925 posts, read 6,361,431 times
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I know here, at least, pet deposits are non-refundable, but still called "deposits" (don't know how they figure it's a deposit, but whatever. Ours was 200. We were told it was 200 a pet [we have 3], but upon signing the lease, we were told it was just 200 flat, so that's all we've paid [I can't see ANYONE paying a 600.00 pet fee])

Perhaps the info is skewed? Someone knowing NJ renters laws will know better than I.
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Old 04-21-2009, 03:20 PM
 
Location: New Jersey
5 posts, read 48,527 times
Reputation: 14
Default NJ Renter's Law

Thanks. I am hoping to (also) hear from people who have successfully negotiated changes to the lease that was prepared by the owner/agent, prior to signing.

I don't want to be taken advantage of, even if the owner/agent doesn't realize what they are doing. That certainly beats having to go to court.
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Old 04-21-2009, 03:27 PM
EB2
 
Location: Florida
1,925 posts, read 6,361,431 times
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Quote:
Originally Posted by paracetamol View Post
Thanks. I am hoping to (also) hear from people who have successfully negotiated changes to the lease that was prepared by the owner/agent, prior to signing.

I don't want to be taken advantage of, even if the owner/agent doesn't realize what they are doing. That certainly beats having to go to court.
Completely understandable, and I'd feel the same way. I'm just thinking it's probably not really considered a deposit.

The best thing I can suggest though, is inquiring with whomever helped you get the apartment. If that doesn't work, raise hell about not being informed about the pet deposit prior to the lease signing.
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Old 04-21-2009, 03:32 PM
 
Location: GA
2,791 posts, read 10,805,825 times
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I would tell the agent and present her with a copy of this:

http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf (broken link)
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Old 04-21-2009, 03:45 PM
 
Location: New Jersey
5 posts, read 48,527 times
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That's the exact document I found today!

I do plan to talk to the agent about this - it' s just a matter of how to do it. I don't want to lose the apartment or not be allowed to have my dog with me.
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Old 04-22-2009, 08:08 AM
 
Location: New Jersey
5 posts, read 48,527 times
Reputation: 14
Default Sign lease, and alert afterward?

I also found out about a 3-day period for lease review by an attorney. I understand that if the attorney finds anything unlawful in the lease contract, he must notify the real estate agent who prepared the lease of the provision that must be voided.

I am not sure if this will void the whole lease, or just that part. I am going to check this option out, too. Does anyone know the answer?
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Old 04-22-2009, 09:09 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,400 posts, read 28,717,395 times
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Well it does say the exception to the security law is if it is an owner occupied 2 or 3 family
Are you going into an apartment complex? If so I'm suprised their legal department is not aware.

If it's an owner occupied 2 or 3 family I would find out what exactly the exception is
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Old 04-22-2009, 09:46 AM
 
Location: Weehawken, NJ
2,179 posts, read 6,715,820 times
Reputation: 1167
Quote:
Originally Posted by EB2 View Post
I know here, at least, pet deposits are non-refundable, but still called "deposits" (don't know how they figure it's a deposit, but whatever. Ours was 200. We were told it was 200 a pet [we have 3], but upon signing the lease, we were told it was just 200 flat, so that's all we've paid [I can't see ANYONE paying a 600.00 pet fee])

Perhaps the info is skewed? Someone knowing NJ renters laws will know better than I.
My old building in Hoboken charges 750 dollars/pet. That is beyond absurd! I was even afraid to let them know I had fish!
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Old 04-22-2009, 03:03 PM
EB2
 
Location: Florida
1,925 posts, read 6,361,431 times
Reputation: 1067
Quote:
Originally Posted by DowntownJerseyCity View Post
My old building in Hoboken charges 750 dollars/pet. That is beyond absurd! I was even afraid to let them know I had fish!
That's just...ridiculous and unnecessary. I assume yours was non-refundable? NO pet, unless you have a hoard of them, or are bringing in a Great Dane (or the like) will cause that much damage. We were lucky enough that birds don't count (making 5 pets in all, but the birds are smallish [cockatiels], and one of the cats has stunted growth...literally [about 6 y/o and weighs 3-5 lbs, the 5 lbs being on her "fat" days]). Our pet fee, in comparison with our rent, is incredibly low. I'm assuming the complex was just trying to get people to move in.
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