• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Security Deposit not being returned

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? New Jersey

My lease for my previous apartment expired September 30th. My landlord and I didn't end up signing a renewal (long story) so my lease turned to month to month. I gave my notice to him on October 6th that I would be moving out November 1st, sent letter certified mail/return receipt. He got it the next day and never called to dispute, we even spoke in person and he never disputed anything, even though it was a few days short of 30. Also in the letter I told him to use $750 of my security deposit for October's rent since he never put my deposit into a bank. He had no problem with this, and used the $750 for October's rent. In the letter, I gave him the address where I wanted the balance of $375 sent. (I did not realize then, but know now, that I first should have sent him a letter giving 30 days to put my deposit in the bank before asking to apply it to rent, but at the same time he had no issue doing it).

It has now been well past 30 days since I moved out and he has not returned the $375. NJ law says if you do not receive the security deposit OR a list of damages/repairs the money was applied to, that you are still entitled to the money - and you can take the landlord to small claims court and ask for double the amount.

He has not sent me any kind of letter or list regarding any damages or repairs, has not disputed one action I've taken, and it has been over 30 days. So on Dec. 2nd I sent him a letter certified/return receipt asking nicely for him to return the $375 balance of my security deposit within 7 days or I will file a claim in court. I even included the relevant info from NJ Security Deposit Laws. He signed for the letter the next day.

I still have not received the money or check. If I don't have it by the end of this week I am filing a claim. I wonder if maybe he doesn't care if I take him to court and he thinks he has something to use against me? If so, I find it hard to believe (the way he runs his building management and leases are very illegal, including the illegal people that live in them) that he would really want to go in front of a judge over a building that has illegal immigrants living in it.

I could be wrong but I was under the impression that he had to dispute something within the time frame of me giving notice to 30 days after moving out. Is that wrong?

Also, not sure how much this has an affect on the situation, but part of the reason I left is that he refused to turn the heat on...I had to call the state inspectors on him to get him to turn it on, but then he told the upstairs neighbors, who have control of the heat, to keep turning it down so we don't waste oil. It was FREEZING and I have a young child. The place was also infested with bed bugs, which he would do nothing to get rid of. He was a horrible landlord. I really hope I didn't mess the whole thing up by giving notice 4 or 5 days short :(
 
Last edited:


Gail in Georgia

Senior Member
You might. Frankly, if I were your landlord and being sued I'd respond by a countersuit for not notifying me within the required time period because, after all, what would I have to lose doing such?

Unless you have documentation in writing about the heat issue (and bedbugs are typically brought on the tenants own mattresses), you're not likely to have much evidence to show in court. Hopefully you notified your landlord in writing about turning up the heat

To your benefit, New Jersey is a pretty tenant friendly state.

Gail
 
You might. Frankly, if I were your landlord and being sued I'd respond by a countersuit for not notifying me within the required time period because, after all, what would I have to lose doing such?

Unless you have documentation in writing about the heat issue (and bedbugs are typically brought on the tenants own mattresses), you're not likely to have much evidence to show in court. Hopefully you notified your landlord in writing about turning up the heat

To your benefit, New Jersey is a pretty tenant friendly state.

Gail
I personally do not have anything on paper about the heat - however, I am sure our township inspectors and county inspectors have record of having to be called on him, so I can get proof from them if I need to.
 
After a few voice mails back and forth, my landlord is meeting me tomorrow to give me the $375 in person. I just hope he doesn't bail out on me...I'll post here after tomorrow to say whether or not he showed up.
 
Just following up for a last time - I got my security deposit balance back today in person. Cashed the check and it was all fine. Glad he finally gave in without me having to go to court :D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top