Landlord charged more than 1 1/2 months security (rental, lawyer, new house)

[WilliamP1]

I have been looking at renting a new house and moving from the one I live in. I noticed while doing research on Security deposits and pet deposits, that all security and pet deposits can not exceed 1.5 Month rent. My current land lord took 1.5 Months rent from me for security and an additional $500 as a Pet Deposit. My current land lord is causing me problems right now and was wondering if there was anything I could do about that illegal security and how I go about it.

Also I have been quoted by other landlords deposits and such that would exceed the 1 1/2 months security. What do I do when they try that, on the houses I am currently looking at?

[camaro69]

Originally Posted by WilliamP1

I have been looking at renting a new house and moving from the one I live in. I noticed while doing research on Security deposits and pet deposits, that all security and pet deposits can not exceed 1.5 Month rent. My current land lord took 1.5 Months rent from me for security and an additional $500 as a Pet Deposit. My current land lord is causing me problems right now and was wondering if there was anything I could do about that illegal security and how I go about it.

Also I have been quoted by other landlords deposits and such that would exceed the 1 1/2 months security. What do I do when they try that, on the houses I am currently looking at?

You can mention it to the landlord to see what they say. If they want more than 1.5 months rent I wouldn't argue with them, I would just move onto the next place. It's also against the law to collect a Pet rent security if i goes 1.5 over the monthly rent.

[WilliamP1]

Yes I see that it is illegal to charge additional deposits if it goes over the 1.5 Months. My main question is I have allready had that happen currently in the house I am in. What course of action can I take against my current landlord. He has charged me 1.5 months rent security and an additional $500 pet deposit. What process can I follow to have that rectified by the court. Currently we have an open case in landlord tenant court. So how do I make this an issue and seek compensation. I do not have an attorney and he does, I just cant afford one.

[JKinNJ]

you could write a note and include a printout of the NJ statute about security deposits. ask for the money back by a specific date or tell him otherwise you will take it up with the courts.
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or can you just add an additional charge to your existing case?

[reenzz]

Read your lease very carefully. Is that pet $$$ actually a deposit or a non refundable FEE. Makes a big difference.

[ALackOfCreativity]

Originally Posted by WilliamP1

Yes I see that it is illegal to charge additional deposits if it goes over the 1.5 Months. My main question is I have allready had that happen currently in the house I am in. What course of action can I take against my current landlord. He has charged me 1.5 months rent security and an additional $500 pet deposit. What process can I follow to have that rectified by the court. Currently we have an open case in landlord tenant court. So how do I make this an issue and seek compensation. I do not have an attorney and he does, I just cant afford one.

I am not a lawyer, might be wrong, and nothing I say can or should be construed as legal advice. You ideally should ignore everyone here including me and talk to a lawyer considering you are in court; if you are the one being sued then you can't afford not to have one.

That out of the way, you probably could force him/her to return the excess amount but I don't really see the point. The security deposit kinda matters before you two end up in court because it gives the landlord leverage to take part of it above what you should owe leaving you the two bad options of accepting the deduction or litigating (which you may or may not want to do even if you disagree with the deduction), but given that you guys are already in court - where you can fight any deductions or s/he can try to collect more from you than the deposit amount, if I remember correctly - I don't really see the point.

[reenzz]

The NJ Rent Security Deposit Act does not apply to rental units in owner-occupied buildings that have no more than two units other than the owner-landlord's unit.