Security refund New Jersey College student

[annie128]

What do you think I can do???? My son rented for 3 months an appartment. This is hard to follow so I will try my best to explain.

My Son part of fraterity (this is not the fraternity house, that is in another town), rented an apt that kept changing hands of renters re: graduated, changed schools or went out of country to school. This is where my son came in and moved in. Instead of security being paid to owner is was passed onto the one moving out and owner had orginal security. I spoke to landlord and let her know I would be making payment for my sons part. I paid on time and had a few conversations with her, me being also a landlord, but very new at it. Within 3 months of him moving in they give them an eviction notice on the 1st of May (they didnt like one of the kids that was living there), wanting my son out of there I was glad (they were also selling the house)He was out by the 16th of May and the other kid was out by the 19th. I am waiting for my security and she has not sent it. I do call and they wont answer my calls. I know that 30 days is when security should be recieved. I did send her a copy of check paid out to one of the original renters.

What rights do I have?
If I take them to court could they be responsible for all court costs?
And my time lost from work???
How about an attorney??

She was very nice to talk with up until they knew my son was out and then within a day had all the locks changed. I know that they could not give them an eviction notice and get them out within 15 days legaly that quick, and I know that he could of been there many more months before the courts could of get them out, but wanting to be nice and understanding their situation he was out within the 15 days. (I didnt like the kid my son was living with either).

So what to do HELP!!!!

Ann

 

[yoyoma]

You and your son will learn an expensive lesson from this....

The person who he gave his deposit to is the one that has to return it....you would have to sue him in small claims court and have the reciept to prove he paid it as a depsoit.

The owner is only obligated to pay the depsoit back to the person listed on the lease who actually paid it, so this way by passing the depsoit from roomate to roomate (and probably no reciepts) the landlord can keep the deposit...nice little scam....since the original lease holder is long gone

See you are wasting your money sending him to such a lousy college who wont teach him about LIFE SKILLS!

 

[jlw1000]

From the landlord's perspective, they must return the deposit to the person that paid it. Otherwise the risk be sued by the original lessee for non-return of deposit. The court is not going to take the time to figure out what is fair, and detangle all the living arrangements. The court will go by written documentation.

When I have tenants switching roomies I have them sign a transfer of deposit form. That way I do not have to refund the deposit & try to collect it from the new roomie. Also, when the lease is up I can return the deposit to the current roomie, instead of having to hunt down the original lessee to return the deposit.

I'm afraid your so is out of luck. He would have to find the original lessee & get them to sue then return the money to him. The chances of this occuring are very slim.