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Tenant Checkout

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TomD

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

Can a landlord withhold Security Deposit money for items that were missed in the final walk through? If so, what is a reasonable time frame... is it up to the point that the Security Deposit is refunded?

Also, in 2013 my tenant damaged a ceiling fan, which I promptly replaced. I did not charge them at the time. They moved out on Dec 31, 2014... can I still deduct that from their security deposit?


Thanks!

Tom
 


OK-LL

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

Can a landlord withhold Security Deposit money for items that were missed in the final walk through? If so, what is a reasonable time frame... is it up to the point that the Security Deposit is refunded?

Also, in 2013 my tenant damaged a ceiling fan, which I promptly replaced. I did not charge them at the time. They moved out on Dec 31, 2014... can I still deduct that from their security deposit?


Thanks!

Tom
Since it would be impossible for you to withhold anything from the security deposit after it is refunded--yes, that would be the limit of time you have to withhold from the security deposit. Whether or not you can sue for damages discovered after the deposit is refunded is another question--one you didn't ask. Both of your questions revolve around the deadline in NJ for returning the tenant's deposit or a settlement statement thereof. Do a quick Google for NJ landlord tenant act and read it thru -- should only take a few minutes. I'd do it for you but it's probably good for you to read the law, it will help you in the future.
 

TomD

Junior Member
Thanks OK-LL...

I know I have 30 days to return a security deposit. I think my question was a little confusing... What I really was asking is if there is a statue of limitations
for a landlord to claim reimbursement for damage. For example, if I have a tenant for 5 years and in year 1 they cause damage, I was asking if I could
deduct that cost from year 1 when they move out in year 5 or would I have had to demand reimbursement in Year 1. I've read through NJ tenant documents and don't seem to be able to find an answer.

Thanks for you time...

Tom
 

OK-LL

Member
In order to not be assumed to have acquiesed in the nonpayment (of whatever monies were owed) by the tenant, the landlord should have send a demand letter to the tenant identifying the amount due and demanding payment. Without doing so, there is a strong implication that you were fine with the non-payment and a court would likely view with disfavor your attempt to collect at this late date. Even if you sent the demand letter, the lack of follow up on the letter may carry the same implication.
 

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