Landlord didnt deposit security into bank

[gemmanewjersey]

New Jersey
I signed my lease back in June 2018 and never received confirmation of this money being deposited in a bank account. I believe she has spent it. I wrote her informing her to use this security deposit as rent payment for this month and going into next month and she is now demanding i pay rent or she is evicting us next week. She said I can use it toward May rent as it is the last month of our 12 month lease, which makes me think she definately didnt put it in a bank and also that she has no intention of renewing our lease. Any advise would be wonderful.

 

[PayrollHRGuy]

If you are going to be there through May the LL would be stupid you use your deposit as rent.

But yes the LL is likely violating the law by not providing you with written notice of where the money is deposited.

 

[Just Blue]

New Jersey
I signed my lease back in June 2018 and never received confirmation of this money being deposited in a bank account. I believe she has spent it. I wrote her informing her to use this security deposit as rent payment for this month and going into next month and she is now demanding i pay rent or she is evicting us next week. She said I can use it toward May rent as it is the last month of our 12 month lease, which makes me think she definately didnt put it in a bank and also that she has no intention of renewing our lease. Any advise would be wonderful.

Why on earth do you think that you can randomly use a security deposit for rent? SD is for property damages you may have caused during your lease period.

 

[gemmanewjersey]

Why on earth do you think that you can randomly use a security deposit for rent? SD is for property damages you may have caused during your lease period.

Why on earth would a landlord refuse to show me proof of deposit into a bank account when they are required to by law?

 

[not2cleverRed]

Did you send her the appropriate notices?

Yes, there are cases where you can do this in NJ if the landlord has not given proper notice of where the security deposit is every time NJ law requires them too, however you have to send the landlord notice correctly. Look for the format required online.

 

[PayrollHRGuy]

Why on earth would a landlord refuse to show me proof of deposit into a bank account when they are required to by law?

Lack of knowledge of the law, bad management, he mailed it and it failed to make it to you, he didn't deposit it in the first place. The list is long.

 

[not2cleverRed]

Why on earth would a landlord refuse to show me proof of deposit into a bank account when they are required to by law?

Because he's stupid and don't know the law, and didn't do his research before becoming a landlord?

There's a lot of those.

Your recourse, if your landlord objects to you exercising your tenant rights under NJ law is to make sure you have scrupulously documented everything so that you can successfully fight an eviction. In your counterclaim, when he sues, make sure to ask for everything allowable by NJ law. Like interest on your deposit.

 

[adjusterjack]

Why on earth would a landlord refuse to show me proof of deposit into a bank account when they are required to by law?

How's this for a possible reason?

This subsection shall not apply to persons receiving money for less than 10 rental units except where required by the Commissioner of Banking and Insurance by rule or regulation.

https://law.justia.com/codes/new-jersey/2017/title-46/section-46-8-19/
Have you checked with your Commissioner of Banking and Insurance to see if your LL is required to follow that law if he/she has less than 10 rental units.

PS: No, you don't get to use your security deposit as rent and, yes, you can be evicted if you don't pay your rent.