Welcome to City-Data.com Forum!
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 2 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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 01-09-2011, 07:24 PM
 
16 posts, read 64,575 times
Reputation: 17

Advertisements

I moved in room in a house in Basking Ridge in 2009, and the landlord also lived in the same location. She did not give me a lease and just said I could go month-by-month.

At the time of moving in, I gave her one and a half month rent as security, in addition to one month rent. She gave me a receipt, which indicated the amount of security she received.

I moved out last September, 2010, and she said then she would mail me the security deposit within 30 days. So far I have not received anything from her. I have emailed her many times and she now never replies.

Without a written lease, can I still sue her in court to get my deposit back?

Please share your experience, thanks a million.
Reply With Quote Quick reply to this message

 
Old 01-09-2011, 07:27 PM
 
16,825 posts, read 17,730,892 times
Reputation: 20852
Yes.
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 07:29 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,745,228 times
Reputation: 9985
Quote:
Without a written lease, can I still sue her in court to get my deposit back?

Yes. You'll need to supply proof of the deposit and since she gave no letter of deduction within 30 days, she cant hold anything back. Remember to sue for court costs too.
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 07:34 PM
 
16 posts, read 64,575 times
Reputation: 17
my big concern is that there is no lease between us, just a deposit receipt, and monthy rent receipts. Would the court deem this as lease-rental relationship?
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 08:00 PM
 
Location: Ashburn, VA
467 posts, read 1,522,365 times
Reputation: 384
Yes.
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 08:02 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,745,228 times
Reputation: 9985
Quote:
Would the court deem this as lease-rental relationship?
Sure. A month to month. Just sure you have all your documentation (notice to move out greater than 30 days, moved out on stated date, reciept for deposit, proof of emails/phone calls)
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 08:05 PM
 
Location: NJ
17,573 posts, read 46,141,127 times
Reputation: 16279
Quote:
Originally Posted by oprwdm View Post
my big concern is that there is no lease between us, just a deposit receipt, and monthy rent receipts. Would the court deem this as lease-rental relationship?
Of course. You have receipts showing you paid rent and a security deposit. How else would the court look at it?
Reply With Quote Quick reply to this message
 
Old 01-09-2011, 08:06 PM
 
Location: NJ
17,573 posts, read 46,141,127 times
Reputation: 16279
Also, did you give your LL your new address? If I remember correctly, the 30 day window for returning the deposit assumes you have provided the LL with a new mailing address.
Reply With Quote Quick reply to this message
 
Old 01-10-2011, 06:49 AM
 
572 posts, read 2,021,913 times
Reputation: 341
Not only will you get the amount of your deposit back plus court costs, but in the state of NJ if a landlord does not notify you in writing within 30 days of you moving out with detailed reasons of why they are witholding your security, you are due double your deposit...so make sure you sue for double the amount.
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
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram


Over $104,000 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

All times are GMT -6. The time now is 11:58 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - 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, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top