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I am not sure I understand your comment. What the law states is that once we gave them the deposit and moved in, the landlord had 30 days to inform us of where the deposit $$ have been deposited (provide bank account, etc). They are not allowed to keep the money themselves by law. They have not followed the letter of the law... I discussed this with my agent, and she told me the exact same thing.
Now, if the moneys were not deposited into a bank account, which it was not, the tenant has the right to use that money towards rent. We did, and even under these circumstances, the landlord still has $1250 of our deposit, as they overcharged us (according to NJ law).
I checked a couple of sites on NJ law, and they both state the exact same thing...
One question, did you document and get agreement from the owner before using the deposit towards your rent? I understand what the NJ law states, but with the way things are going with the landlord and the realtor, I have a bad feeling about the remaining balance of your deposit.
As far as threatening the IRS, I think the landlord will be more concerned with getting sued for double the amount if the deposit with interest is not returned within 30 days of you vacating the apartment
One question, did you document and get agreement from the owner before using the deposit towards your rent? I understand what the NJ law states, but with the way things are going with the landlord and the realtor, I have a bad feeling about the remaining balance of your deposit.
As far as threatening the IRS, I think the landlord will be more concerned with getting sued for double the amount if the deposit with interest is not returned within 30 days of you vacating the apartment
I know, I agree with you, I have a bad feeling also.
Well, to that point I am now in the process of writing a letter to them, and plan to send it out first thing in the morning, certified and with signed receipt. I am still within the 30 day window, given that the Lease expires on July 15... I am stating that even though we did have a telephone conversation on June 2nd in this regard, and subsequent emails on the topic, I am "formally" letting them know of our decision of not extending the lease. Also, I am stating that as agreed on the phone on June 2nd, part of the deposit should be used against the last 1 1/1 month rent of the lease. Also, that we are not responsible for the upkeep of the yard, per agreement, hence no deposit deduction for that. I am also letting them know when we plan to move out, and that they should have a check list that we can both sign off on the condition of the property. Any thoughts?
I know, I agree with you, I have a bad feeling also.
Well, to that point I am now in the process of writing a letter to them, and plan to send it out first thing in the morning, certified and with signed receipt. I am still within the 30 day window, given that the Lease expires on July 15... I am stating that even though we did have a telephone conversation on June 2nd in this regard, and subsequent emails on the topic, I am "formally" letting them know of our decision of not extending the lease. Also, I am stating that as agreed on the phone on June 2nd, part of the deposit should be used against the last 1 1/1 month rent of the lease. Also, that we are not responsible for the upkeep of the yard, per agreement, hence no deposit deduction for that. I am also letting them know when we plan to move out, and that they should have a check list that we can both sign off on the condition of the property. Any thoughts?
For the upkeep of the yard, I would state. Based on the lease agreement, there are no terms that require the tenant to maintain the lawn. Any maintenance and or cost are the responsibility of you as the owner and as such, you would expect no deduction or charge for the yard maintenace.
Also state in the letter, that if you do not hear back within 10 days on the contents of the later, you will take that as an agreement to the discussion on June 2nd. Good Luck.
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