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Old 01-09-2011, 07:24 PM
 
16 posts, read 62,926 times
Reputation: 17

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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.
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Old 01-09-2011, 07:27 PM
 
16,833 posts, read 16,489,762 times
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Yes.
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Old 01-09-2011, 07:29 PM
 
Location: The Ranch in Olam Haba
23,715 posts, read 28,679,023 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.
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Old 01-09-2011, 07:34 PM
 
16 posts, read 62,926 times
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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?
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Old 01-09-2011, 08:00 PM
 
Location: Ashburn, VA
467 posts, read 1,464,940 times
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Yes.
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Old 01-09-2011, 08:02 PM
 
Location: The Ranch in Olam Haba
23,715 posts, read 28,679,023 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)
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Old 01-09-2011, 08:05 PM
 
Location: NJ
17,578 posts, read 44,097,842 times
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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?
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Old 01-09-2011, 08:06 PM
 
Location: NJ
17,578 posts, read 44,097,842 times
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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.
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Old 01-10-2011, 06:49 AM
 
572 posts, read 1,943,339 times
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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.
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