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Does a tenant have the right to vacate any time since no lease was established? And does the Landlord have the right to keep 1 month security for not giving her enough notice? What is the New Jersey Law for this?
In November, ten days before the end of the month, I told my Landlord that I found another apartment. I thought I was being fair when I requested to live out the last month's rent (December) using my security deposit since I had to pay security + rent to hold the new apartment. This would have given her time to find a new tenant for January as well as give myself time to move out. Landlord refused to let me use the security for the last month (December) and forced me to move out before 1st of December. Long story short, the Landlord returned $450.00 out of $1500.00. She deducted 1,000 for lost of rent (not giving her sufficient notice) and other miscellaneous unfair deductions for light bulbs, loose towel rack, loose toilet, cleaning, etc. All which was not true and unfairly deducted. She also claimed that she did not deposit the security in any State or Federal bank. She claimed her living situation with taking care of elderly mother prevented her not to deposit it. She claims the interest she added herself covers the cost of the damages so she only gave me 450.00. Does the Landlord have the right to keep my Security because I didn't give her enough notice which she claims should have been 30 days as per our verbal agreement? Not true. There was no verbal agreement. I was under the impression that if there was no lease, I could vacate at any time. Please help! The Security Deposit Law in NJ is confusing.
Lack of a written lease usually means you are by default on a month to month lease and have to give 30 days notice. You are also not allowed to use your security deposit as your last month's rent. That is not the purpose of a security deposit. If you properly gave 30 days notice I don't think the can withhold any of your security deposit for lost rent.
Think of it this way regarding why you are not allowed to use the security deposit as last month's rent: say you hold a crazy New Year's Eve party for your friends who were helping you move out and you totally trashed the place. The landlord tells you that wasn't cool and you say tough cookies, you got nothing on me. Now the landlord has to bring you to small claims court to reclaim damages which is really a pain in the butt for both parties.
Does a tenant have the right to vacate any time since no lease was established? And does the Landlord have the right to keep 1 month security for not giving her enough notice? What is the New Jersey Law for this?
In November, ten days before the end of the month, I told my Landlord that I found another apartment. I thought I was being fair when I requested to live out the last month's rent (December) using my security deposit since I had to pay security + rent to hold the new apartment. This would have given her time to find a new tenant for January as well as give myself time to move out. Landlord refused to let me use the security for the last month (December) and forced me to move out before 1st of December. Long story short, the Landlord returned $450.00 out of $1500.00. She deducted 1,000 for lost of rent (not giving her sufficient notice) and other miscellaneous unfair deductions for light bulbs, loose towel rack, loose toilet, cleaning, etc. All which was not true and unfairly deducted. She also claimed that she did not deposit the security in any State or Federal bank. She claimed her living situation with taking care of elderly mother prevented her not to deposit it. She claims the interest she added herself covers the cost of the damages so she only gave me 450.00. Does the Landlord have the right to keep my Security because I didn't give her enough notice which she claims should have been 30 days as per our verbal agreement? Not true. There was no verbal agreement. I was under the impression that if there was no lease, I could vacate at any time. Please help! The Security Deposit Law in NJ is confusing.
The law in NJ says:
Quote:
Ending a month-to-month lease
To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month
Regarding your security;
The landlord must deposit your security in a bank, and notify you what bank. If you request the info and the landlord can't provide it, or hasn't deposited it, you then have the right to apply that security toward your rent. This is moot in your case, as you have moved out.
The landlord must return your security minus any costs for repairs or rent you owe but have not paid. In your case, it would appear that you are legally obligated to pay the December rent. Since you left without paying it, the landlord appears to have the legal right to take if from your security.
Bear in mind, please, that I am a real estate agent, not an attorney. While I believe I have read and presented the information found here correctly. You should probably ask a NJ real estate attorney your questions.
By law, if she did not deposit your security deposit in an interest bearing account, you are legally automatically entitled to not only the full return of your deposit but twice the damages, regardless of any circumstances or damages that may exist in the residence. She was supposed to do that on day 1 and you can easily take her to court. So, if you deposited $1500, you have a good shot at receiving $3000 if you are willing to go to trial. My suggestion is, you tell her that you are going to file a lawsuit in small claims court unless she returns the remainder of the security deposit. If she refuses, file the lawsuit. She has the option to settle again prior to going to court. After that, once in court, you start out with a mediator. You should file the suit for the $3000 and make your bargaining point down to the $1000. It makes it appear that you've come down $2000 and just want the money that you were rightfully entitled to begin with and nothing more. I can pretty much tell you that it is safe to assume she didn't properly document anything if she isn't even careful enough to deposit the security deposit properly.
I've been through this process several times. Each time, the landlord has failed to document their case and even deposit the money initially. I've always been able to settle out to get my full deposit plus attorney's fees. You don't need an attorney to do this, but my friend is a lawyer so I've done it that way.
Does a tenant have the right to vacate any time since no lease was established? And does the Landlord have the right to keep 1 month security for not giving her enough notice? What is the New Jersey Law for this?
I would get a written lease the next time - just easier to have it all in writing and in front of you.
[quote]In November, ten days before the end of the month, I told my Landlord that I found another apartment. I thought I was being fair when I requested to live out the last month's rent (December) using my security deposit since I had to pay security + rent to hold the new apartment. This would have given her time to find a new tenant for January as well as give myself time to move out.
Landlord refused to let me use the security for the last month (December) and forced me to move out before 1st of December.
Long story short, the Landlord returned $450.00 out of $1500.00. She deducted 1,000 for lost of rent (not giving her sufficient notice) and other miscellaneous unfair deductions for light bulbs, loose towel rack, loose toilet, cleaning, etc. All which was not true and unfairly deducted.
Quote:
She also claimed that she did not deposit the security in any State or Federal bank. She claimed her living situation with taking care of elderly mother prevented her not to deposit it. She claims the interest she added herself covers the cost of the damages so she only gave me 450.00.
Her reasoning is noise and nothing more.
Quote:
Does the Landlord have the right to keep my Security because I didn't give her enough notice which she claims should have been 30 days as per our verbal agreement? Not true. There was no verbal agreement. I was under the impression that if there was no lease, I could vacate at any time. Please help! The Security Deposit Law in NJ is confusing.
The LL's self added interest covered the cost of the damages, yet you only received $450? What was the total cost of damages (I understand that she withheld $1000 for what she is telling you is "loss of rent"). Do you have pictures to prove that all repairs she had to make were false? Did she give you an itemized list?
Quote:
The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet.
I think you'll be fine if you take her to small claims:
Quote:
The law also says that if the landlord does not put the security money in a proper bank account, or does not give a proper written notice to the tenant every time the law says he or she has to, then the tenant can give a written notice to the landlord telling the landlord to use the whole deposit (plus seven percent interest per year) to pay the tenant’s rent. (But be sure to read the next paragraph, which talks about a special situation.) This notice should be sent to the landlord by certified mail, return receipt re- quested, and you should keep a copy. The money can be used to pay future rent or any back rent the tenant owes.
Quote:
But before the tenant can do this, the tenant must give or send the landlord a letter giving the landlord 30 days to pay the interest or give the annual notice. (This notice should also be sent by certified mail, return receipt requested, and you should keep a copy.) Cite: N.J.S.A. 46:8-19(c).
Quote:
Ending a month-to-month lease. To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month. Cite: S. D. G. v. Inventory Control Co., 178, N.J. Super. 411 (App. Div. 1981); Harry's Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982).
Regarding your security;
The landlord must deposit your security in a bank, and notify you what bank. If you request the info and the landlord can't provide it, or hasn't deposited it, you then have the right to apply that security toward your rent. This is moot in your case, as you have moved out.
The landlord must return your security minus any costs for repairs or rent you owe but have not paid. In your case, it would appear that you are legally obligated to pay the December rent. Since you left without paying it, the landlord appears to have the legal right to take if from your security.
Bear in mind, please, that I am a real estate agent, not an attorney. While I believe I have read and presented the information found here correctly. You should probably ask a NJ real estate attorney your questions.
IT appears that the first time I posted this, I screwed up the hyperlink. Now it's correct.
By law, if she did not deposit your security deposit in an interest bearing account, you are legally automatically entitled to not only the full return of your deposit but twice the damages, regardless of any circumstances or damages that may exist in the residence. She was supposed to do that on day 1 and you can easily take her to court. So, if you deposited $1500, you have a good shot at receiving $3000 if you are willing to go to trial. My suggestion is, you tell her that you are going to file a lawsuit in small claims court unless she returns the remainder of the security deposit. If she refuses, file the lawsuit. She has the option to settle again prior to going to court. After that, once in court, you start out with a mediator. You should file the suit for the $3000 and make your bargaining point down to the $1000. It makes it appear that you've come down $2000 and just want the money that you were rightfully entitled to begin with and nothing more. I can pretty much tell you that it is safe to assume she didn't properly document anything if she isn't even careful enough to deposit the security deposit properly.
I've been through this process several times. Each time, the landlord has failed to document their case and even deposit the money initially. I've always been able to settle out to get my full deposit plus attorney's fees. You don't need an attorney to do this, but my friend is a lawyer so I've done it that way.
This is NOT THE CASE in NJ. Perhaps wherever you live it's different, but here in NJ what you posted IS NOT TRUE. Here's the law in NJ.
Quote:
The law also says that if the landlord does not put the security money in a proper bank account, or does not give a proper written notice to the tenant every time the law says he or she has to, then the tenant can give a written notice to the landlord telling the landlord to use the whole deposit (plus seven percent interest per year) to pay the tenant’s rent. (But be sure to read the next paragraph, which talks about a special situation.) This notice should be sent to the landlord by certified mail, return receipt requested, and you should keep a copy. The money can be used to pay future rent or any back rent the tenant owes. Once a tenant legally tells the landlord to use the security deposit as rent, the landlord can’t ask the tenant for another deposit as long as the tenant lives in the apartment or house. Cite: N.J.S.A. 46:8-19(c); Delmat v. Kahn, 147 N.J. Super. 293 (App. Div. 1977).
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