Not getting security deposit back

[needhelpnj]

What is the name of your state? NJ

I had a 12 months documented lease with my landlord with a provision added for me to find a replacement in the event I have to move out before the lease end term. After 6 months into the lease, due to change of work location I had to move to another state. I could not give the landlord the required 45 days of notice. But I found a replacement and after lot of arguments the landlord finally agreed to rent the place to the new tenant refered by me. They signed a new lease with the new tenant starting next day of my move out date. Now the new tenant is living there. Now after 1 month of of me moving out, when i asked for my security deposit, they said they will not give it because i broke the 12 months lease and did not give them 45 days notice of my move.
What are my rights in this regard?
1. Am I supposed to get the security deposit?
2. If yes, what are the possibilities of me winning a case, if I sue them?
3. If yes, should i sue the landlord in the state I am in now or i have to sue them in the state where i rented the apartment from them?
4. Will I be be covered(include in sue amount) for the expenses I will incur for suing the landlord like attorney fees, my travel and timeout of work?

thanks

 

[kornball]

1. Not Sure, depends on lease.

2-4. N/a as I am not sure.

In your provision did it state that upon you finding a replacement as you did you would get back your deposit as they prollie had to pay one?

Does it say anywhere on the lease if you break your lease (expect the replacement provision), you will not get your deposit back?

I wish I could help more ... but that provision and the documentation in the lease is probably key to you getting it back if you can.

Best of luck.

 

[kornball]

It sounds as if you followed the 45 day rule, you would have been free and clear and Dependant upon the lease / provision you might find a hole.

 

[needhelpnj]

Thanks a lot for your advice.

In the lease nothing is mentioned that I will NOT get my security deposit back if I break the lease. Also nothing is mentioned about getting the security deposit back if I find a replacement.

The provision states about an option to break the lease by finding a replacement.

The new tenant paid a fresh security deposit and started living next day from my move out.
So am I not supposed to get the security deposit back?\
Thanks

 

[kornball]

I am just a tenant ... but maybe you have a shot at getting it back as you met the rules of the provision stated here.

I do not know if state law or the lease is held on higher ground ...

Sorry ...

But maybe the answers to those questions will get you somewhere if you called the LL?

 

[acmb05]

Thanks a lot for your advice.

In the lease nothing is mentioned that I will NOT get my security deposit back if I break the lease. Also nothing is mentioned about getting the security deposit back if I find a replacement.

The provision states about an option to break the lease by finding a replacement.

The new tenant paid a fresh security deposit and started living next day from my move out.
So am I not supposed to get the security deposit back?\
Thanks

You found the replacement and the landlord agreed to sign a new lease with that replacement. Unless otherwise noted in your lease that the security deposit is to be forfeited if you move out early then you are entitled to it back.

Write your landlord a letter stating the law in your state about refunding the security deposit and send it return receipt requested. Give him a certain amount of time to respond and if he says no or does not respond take him to small claims. You will have to sue in the state that the contract was written in.