Articles Tagged with “Security Deposit”

New Jersey’s Security Deposit Law (NJSA 46:8-19) is one of the more tenant-friendly security deposit laws in the US. The Law requires strict compliance (almost to the letter) with each of its parts. Failing to follow the law, in detail, can expose a Landlord to a penalty of double the security deposit and attorney’s fees. Landlords and Tenants should be aware of the most common area of noncompliance: Unauthorized deductions.
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Most New Jersey landlords know that requiring a tenant to provide a security deposit makes fine business sense. What many landlords don’t know is that failing to follow NJ’s security deposit laws can result in serious business consequences. Landlords treating tenant security deposits as a problem to be dealt with when a lease ends are asking for trouble. The best approach is a compliant plan to avoid costly errors and the devil in the details.
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“The monster under my bed forced me to leave my apartment.” Two tenants in New Jersey are alleging that paranormal activity chased them for their apartment and caused them to break their lease. As reported by ABC News, the couple is suing the landlord for the return of their deposit. Unfortunately, the only thing scarier than the Boogeyman is forfeiting a $2,250 security deposit.


Pursuant to the Rent Security Deposit Act, New Jersey tenants are entitled to a refund of their security deposit within 30 days “after the termination of the tenant’s lease.” N.J.S.A. 46:8-21.1 However, as in this case, a landlord may deduct from the deposit amounts legally due and owed to him by the tenant. One such amount is the money lost by the landlord while the home is vacant and the current tenant breached the lease. The Casper-loving landlord may not recover this amount if the home was uninhabitable under New Jersey case law. Are ghosts enough to render a home uninhabitable? Unless the judge is Van Helsing, no.
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