Landlord not returning Security Deposit (apartment, lease, how much)

[eddi3johns]

Hi Guys please help us out here.

We rented an apartment on 15sept and paid 2 months deposit to the owner. After 3-4 days we found there were bed bugs in the house and we contacted the owner to do pest control in our house. He kept delaying it saying that we have requested a pest control company but they are busy and will be soon coming to the house.

In the meantime the menace of bedbugs was increasing day by day and we had to throw our beds and some other things too due to that. Finally on 3oct we decided to vacate the house as no pest control was done on the house and we had skin infections due to bed bugs.

We told the owner that due to bed bugs we have health issue and are leaving the house, please pay our deposit back. He said we needed to give him a months notice in advance. There was no lease agreement between us. We reminded him and he kept delaying it saying its under process.

We agreed and gave him a formal notice of 1 month (i.e. till 3 Nov). When we emailed him back asking for our deposit on 4 Nov he is saying that we had to return him the keys which we did not. He says that after we return the keys he will give the deposit back deducting another 15 days of rent.

What can be done in this case ? Can someone please help ?

[jaymoney]

There is a lease agreement between you, as you provided him with rent. It is just unwritten. As such, it follows the laws of NJ: 30 days after you surrender the keys he is legally obligated to return your deposit.

Take photos before you leave, better yet, walk through the space with him to ensure nothing has been damaged, while taking photos. This sounds like a guy who is going to claim damages as a way to keep your deposit so they can fumigate.
https://www.lsnjlaw.org/Publications...antsRights.pdf

[eddi3johns]

Originally Posted by jaymoney

There is a lease agreement between you, as you provided him with rent. It is just unwritten. As such, it follows the laws of NJ: 30 days after you surrender the keys he is legally obligated to return your deposit.

Take photos before you leave, better yet, walk through the space with him to ensure nothing has been damaged, while taking photos. This sounds like a guy who is going to claim damages as a way to keep your deposit so they can fumigate.
https://www.lsnjlaw.org/Publications...antsRights.pdf

OK. But as we gave him official one months notice and are still paying the rent for that month, arent we supposed to keep the keys with us ?
Also, isnt he supposed to tell us about the keys, that we should hand him over the keys ? (coz we did not know about this).

[Blue biker]

You say you gave 2 months rent deposit, was that the deposit with an additional month's rent? A landlord can only charge 1 and 1/2 months security deposit. You'll really find more answers here: NJ Department of Community Affairs
or here: http://www.lsnjlaw.org/Publications/...antsRights.pdf

[jaymoney]

You pay your last month, move out, and then hand over the keys. They then have 30 days to return your deposit. You gave one month notice that you were moving out, that gives them time to find a new tenant or whatever, but you still have not turned over the keys.

If you are still paying rent and have the keys they do not have to return your deposit, the apartment has not been turned over to them.

If you still have access, take photos and record the condition you left it in. Then hand over your keys. Nothing is going to happen until you do that.

[eddi3johns]

Originally Posted by Blue biker

You say you gave 2 months rent deposit, was that the deposit with an additional month's rent? A landlord can only charge 1 and 1/2 months security deposit. You'll really find more answers here: NJ Department of Community Affairs
or here: http://www.lsnjlaw.org/Publications/...antsRights.pdf

Not additional month, but half month. (example if 1 months rent was 100 we paid him 250).
We got to know about 1 and 1/2 months rent law just few days ago. After paying the rent and deposit.

[Informed Info]

Originally Posted by eddi3johns

Hi Guys please help us out here.

We rented an apartment on 15sept and paid 2 months deposit to the owner. After 3-4 days we found there were bed bugs in the house and we contacted the owner to do pest control in our house. He kept delaying it saying that we have requested a pest control company but they are busy and will be soon coming to the house.

In the meantime the menace of bedbugs was increasing day by day and we had to throw our beds and some other things too due to that. Finally on 3oct we decided to vacate the house as no pest control was done on the house and we had skin infections due to bed bugs.

We told the owner that due to bed bugs we have health issue and are leaving the house, please pay our deposit back. He said we needed to give him a months notice in advance. There was no lease agreement between us. We reminded him and he kept delaying it saying its under process.

We agreed and gave him a formal notice of 1 month (i.e. till 3 Nov). When we emailed him back asking for our deposit on 4 Nov he is saying that we had to return him the keys which we did not. He says that after we return the keys he will give the deposit back deducting another 15 days of rent.

What can be done in this case ? Can someone please help ?

When request for "work done" is asked by a tenant, a LL has to be given reasonable time to correct the issue. It's usually about 30 days. You didn't give him that, and moved out. Which is completely understandable due to the nature of the issue. Bed bugs are disgusting.

You needed to give him a months notice to break the verbal lease/agreement, which apparently you did & that end-date was Nov. 3rd. Correct?

The LL has 30 days AFTER Nov. 3rd to return your security deposit. So your LL has until early December to get you the security deposit back.

And yes, you needed to turn your keys in on Nov. 3rd.

Not additional month, but half month. (example if 1 months rent was 100 we paid him 250).
We got to know about 1 and 1/2 months rent law just few days ago. After paying the rent and deposit.

If the rent was 100/month all you should have given him was $150. In your example you gave him 2.5 months worth of rent as a security deposit.

I hope you documented your experience & requests to the LL...because your LL could blame you for bringing the bed bugs.

Take this as a lesson learned and don't ever rent an apartment without a signed lease. A lease is to protect BOTH the tenant and the LL.

[eddi3johns]

Originally Posted by Informed Info

When request for "work done" is asked by a tenant, a LL has to be given reasonable time to correct the issue. It's usually about 30 days. You didn't give him that, and moved out. Which is completely understandable due to the nature of the issue. Bed bugs are disgusting.

You needed to give him a months notice to break the verbal lease/agreement, which apparently you did & that end-date was Nov. 3rd. Correct?

Yes. That is correct.
Since there were bedbugs and we moved out, are we still supposed to give him 1 months notice and pay him the rent for that month ?
Due to bedbugs we dint have any choice but to move out.

Originally Posted by Informed Info

The LL has 30 days AFTER Nov. 3rd to return your security deposit. So your LL has until early December to get you the security deposit back.

And yes, you needed to turn your keys in on Nov. 3rd.

OKay Thats fine.
But atleast shoudnt he calculate and tell us the final numbers how much are we getting back ?
He can pay us the amount later in december thats not an issue.
But he is not ready to do that also, he just does not respond.

Originally Posted by Informed Info

If the rent was 100/month all you should have given him was $150. In your example you gave him 2.5 months worth of rent as a security deposit.

We gave him 2 months of rent as security deposit. Isn't this illegal in NJ ?
We dint know about this.

Also the owner does not communicate at all.
He does not respond to our calls/texts/emails.

We had to initiate a communication asking about the deposit and he told us that we needed to return the keys (which we did not know by then). He told us that once we return the keys he will deduct another 15 days worth of rent from our security deposit.
After that day we have e-mailed/texted (on 5nov) him as to when & where to do we need to return the keys, but he has not responded to any of those till date.