U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New Jersey
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
Reply Start New Thread
 
Old 12-17-2007, 01:55 PM
 
4 posts, read 21,798 times
Reputation: 11

Advertisements

NJ law states that a landlord has to provide the following information concerning security deposits -- amount, bank where it has been deposited, type of account, and interest earned on account.

The landlord has only specified the amount of the security deposit and the bank it is in. Both are in the lease.
He has not stated what type of account my security deposit is in and he has not stated the interest it will be earning.

I don't trust my landlord will give me back my security deposit. He has already started hassling me about the house because I complained about basic, REAL problems in the house. He has not reimbursed me for fixing any problems. So I really don't trust my landlord.

Can I notify the landlord that I will be using the security deposit as rent next month?
Has anyone found a path to do this legally?

Appreciate any input. Thanks
Reply With Quote Quick reply to this message

 
Old 12-17-2007, 02:01 PM
 
Location: Edison NJ
1,850 posts, read 4,346,125 times
Reputation: 969
From the little that "I" know, security deposits cannot be used for rent unless the landlord agrees (and he doesnt have to). The last three places I rented only told me the bank and the amount at the time of deposit, then I would get a form in the mail once a year around tax time stating the current total and interest. I have received my deposit back all three times even tho I had HUGE disputes with 2 of them. Legally they HAVE to give you your deposit back unless they can prove you messed up the rental property or owe rent. Make sure you read your lease again to make sure there are no loop holes.
Reply With Quote Quick reply to this message
 
Old 12-17-2007, 02:21 PM
 
222 posts, read 677,426 times
Reputation: 83
Quote:
He has not reimbursed me for fixing any problems.
Did he agree in writing that he WOULD reimburse you? Or did something break and you just went and fixed it with your own money? You can't really do that with a rental. That's why renting sucks. You have to alert the landlord and wait for them to fix it.

Quote:
Can I notify the landlord that I will be using the security deposit as rent next month?
You can notify him all you want but that doesn't mean the landlord is going to agree to it. Most will not agree to this. Because unless its the last month of your lease, they no longer have any leverage in case you trash the place. I would chalk this up to a lesson learned and continue to pay your rent in the normal fashion. Next time something breaks, you have to let him fix it.

Unfortunately, there are good landlords and there are crappy ones. But unless your life is in danger due to non-repair, you have to let the landlord fix it. You don't get the right as a renter to punish him for being a crappy landlord.
Reply With Quote Quick reply to this message
 
Old 12-17-2007, 07:32 PM
 
4 posts, read 21,798 times
Reputation: 11
The problem which we had fixed was not caused by us. The repair company confirmed this. Despite it not being our fault, we have paid for the repair, paid our rent in full, and sent him the bill.

The landlord is responsible for maintaining the house as per the lease but he is more interested in finding a way to blame us and not spend any money.

So I really don't think that the landlord will give us our security deposit back. Can I use it to pay rent because he did not provide the full information about the security deposit?

Or do I have to take him to court to get my money back?
Reply With Quote Quick reply to this message
 
Old 12-17-2007, 08:24 PM
 
Location: Toms River, NJ
1,048 posts, read 3,213,349 times
Reputation: 560
The info on this is vague. Here's the link http://www.lsnjlaw.org/english/place...ex.cfm#3notice It says that you must be notified in writing of EVERYTHING you originally stated. It then goes on to say that if your are not given notice then you can notify your landlord by certified letter that you want the deposit plus 7% interest used for rent. It doesn't say what if you are "partially" notified. You can contact HUD and they should be able to help you further.
Reply With Quote Quick reply to this message
 
Old 12-18-2007, 08:42 AM
 
222 posts, read 677,426 times
Reputation: 83
Quote:
Originally Posted by bali101 View Post
The problem which we had fixed was not caused by us. The repair company confirmed this. Despite it not being our fault, we have paid for the repair, paid our rent in full, and sent him the bill.
It doesn't matter if it was your fault or not. What if the landlord could have fixed it himself? Then he wouldn't have incurred any bill. And if he was alerted to the issue and chose not to fix it, that's his prerogative. As long as the renters are not in physical danger (like no heat in the winter, no water, etc), then he doesn't have to fix it at all.

So look at it from his perspective. Maybe he wasn't going to fix this issue, and now not only does he have a bill for it from a repair place that he didn't choose, but his tenant also wants to start playing games with the rent money.

Again, live and learn. Don't pay for fixing things that aren't yours to begin with.
Reply With Quote Quick reply to this message
 
Old 12-18-2007, 02:51 PM
 
Location: Bridgewater, NJ
116 posts, read 342,764 times
Reputation: 27
It should be state in your lease that your security deposit be put into an interest bearing account. Barring you leave the rental in satisfactory condition, and there are no outstanding issues, the landlord is required to refund the deposit to you within 30 days from the end of your lease.
Reply With Quote Quick reply to this message
 
Old 12-18-2007, 05:18 PM
 
4 posts, read 21,798 times
Reputation: 11
susienj,

It is not stated in our lease that the amount is in an interest bearing account.
And despite being hassled by the landlord we do intend to return the house in a better condition than it was given to us in. It is a heck of a lot cleaner now. My fear is that he will say we broke things which did not work in the first place and take as much as he can from the security deposit.

hrjersey,
The landlord has only put in writing the name of the bank and the amount of the security deposit. He has not given us the other 2 pieces of information (type of acct and interest) in writing. Has he violated that law enough for us to use the security deposit as rent?
And also is there a burden of proof on his side or will it come down to a he said/she said?


krusher,

It was an issue which caused physical danger. We don't bother our landlord with minor issues. And the landlord is not a handyman by any stretch. He did not come to look at it nor call anyone who could fix the problem. This is clearly his responsibility.

We do look at things from his perspective. We pay good rent, on time always. We keep the house nicely. We take care of the outside. And will continue to do so. We also expect to be treated fairly.
In our case it is the landlord who has started the shenanigans.
Perhaps a landlord should look at things from a tenants perspective as well.
Reply With Quote Quick reply to this message
 
Old 12-18-2007, 07:39 PM
 
Location: Toms River, NJ
1,048 posts, read 3,213,349 times
Reputation: 560
Quote:
Originally Posted by bali101 View Post
hrjersey,
The landlord has only put in writing the name of the bank and the amount of the security deposit. He has not given us the other 2 pieces of information (type of acct and interest) in writing. Has he violated that law enough for us to use the security deposit as rent?
And also is there a burden of proof on his side or will it come down to a he said/she said?
Sorry, I'm not a lawyer. As I said, it is unclear whether because he did not provide ALL of the information whether that means he is in violation of the law. That's why I suggest you call HUD. That's what they do.

I know that I was a landlord for a very short period of time. I rented my house to a person who overloaded the circuits by setting up a home office and running cable into a room without permission which was in violation of his lease. We split the bill but I gave him notice to vacate. He left minor damage behind like putting hooks and nails where they weren't supposed to be but I returned his deposit with the interest. I had a very detailed lease and I documented the premises before he took possession so if any significant damage had been done then I could prove my right to the deposit. It seemed to me that everything was written in favor of the tenant so I made sure my lease protected me as well.
Reply With Quote Quick reply to this message
 
Old 12-18-2007, 08:28 PM
 
4 posts, read 21,798 times
Reputation: 11
hrjersey,

Thanks for the input. I will contact HUD and see what they say.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:



Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New Jersey
Similar Threads

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top