Nightmare tenant do I have to return her deposit

[Chulis16]

The lease doesn't say anything about over staying

[flyonpa]

How much deposit are you holding?

Is there damage to a the apartment?

[jaymoney]

Just because they get out of their lease early doesn't suddenly negate the lease and when and how deposits are returned.

Again, look at the legal document you signed for guidance. Anything past that look to actual legal guidance not strangers on the internet, one of whom might even be your renter.

[Retriever]

Originally Posted by jaymoney

Again, look at the legal document you signed for guidance. Anything past that look to actual legal guidance not strangers on the internet, one of whom might even be your renter.

It always amazes me when people seek legal opinions from anonymous strangers with unknown credentials and unknown agendas, rather than seeking legal advice from people who actually possess legal credentials.

[macrodome2]

Originally Posted by Retriever

It always amazes me when people seek legal opinions from anonymous strangers with unknown credentials and unknown agendas, rather than seeking legal advice from people who actually possess legal credentials.

That's so when the tenant takes the landlord to court, the landlord can tell the judge, it's all OK because the posters on City-Data said so.

[msulinski]

FYI, not a lawyer, but my guess is you can charge for rent, but probably only a pro-rated amount based on the number of days she overstayed.

[Informed Info]

Originally Posted by Chulis16

Ok to make a long story short I had a Sec 8 tenant she said she was moving at the end of her lease April 30 didn't leave I took her to court she was found in default was not there on time. She finally moved June 3 without any notice do I have to return her deposit pls help first tenant and has been a nightmare. also since she said she was moving I rented the apt to someone else and that person was in limbo like I was until the tenant divided she was moving without notifying me. Please help I don't know what to do. Thanks for all input in advance

Had to edit b/c I missed one of your posts.

You accepted May's rent when her lease ended on 4/30 & you had taken her to court for overstaying (eviction)?

That's a big "no-no".

You only have 30 days to return security in NJ, so you need to get a list of itemized deductions together (and if any damages, include pictures) and sent to her ASAP via certified mail - 30 days is right around the corner.

If she did not give you a forwarding address, send it to her last known address (again, via certified mail), which is YOUR property. When it comes back to you, don't open it.

She wasn't your tenant who left without any notice if she was being evicted - if her actions caused you loss of rent, you should speak to an attorney.