Skip to main content

Landlord's Return of Security Deposit to Tenant

The complete text of New Jersey’s security deposit law can be found at New Jersey Statutes Annotated 46:8-19 to 26. In New Jersey, generally a landlord must return the security deposit within 30 days after tenant move out or lease termination. The landlords are also responsible to return any accumulated interest or earnings.


There are other situations in which the landlord has to return the money faster.  In the case in which a tenant has ended their lease because they are a victim of domestic violence, the landlord has 15 days to return the security deposit. Also, if a tenant has been displaced due to a floor, fire, evacuation or condemnation of property, the landlord is required to return the security deposit within 5 days.


A landlord may be able to keep all or a part of a tenant’s security deposit for unpaid rent and for damage to the property in excess of normal wear and tear.  However, the landlord is not allowed to make any deductions from the security deposit until the tenant has moved out of the unit.


For more information  please contact our office at 201-880-5563 or visit us at www.ruizdoolanlaw.com for a consultation.



Disclaimer: The contents of this website are of general nature and not intended to be a substitute for legal advice or the formation of a lawyer-client relationship. In order to be properly represented, please contact your local professional. In addition, the information given on this web site has been composed by a New Jersey attorney practicing exclusively in New Jersey. None of the information contained herein should be deemed to apply in other states, nor should this website be construed as an attempt by the author to practice law in any state other than New Jersey. If you have any question regarding this website please contact our office directly at (201) 880-5563.
ADVERTISEMENT: This website contains attorney advertisement within the meaning of the Rules of Professional Conduct governing the practice of lawyers in the State of New Jersey.  This website is considered an “advertisement.” Before making your choice of an attorney, you should give this matter careful thought. The selection of an attorney is an important decision. If the representations made on this website are inaccurate or misleading, you may report this to the Committee on Attorney Advertising, Hughes Justice Complex, P.O. Box 037, Trenton, NJ 08625.


Comments

Popular posts from this blog

Invalidating a Contract under the Doctrine of Economic Duress

The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts, § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp., 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed. 855 (1942); Hartsville Oil Mill v. United States, 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926).The definition of economic duress is set forth in Williston:1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)]

The courts in New Jersey have defined eco…

Planning for Children in Case of Deportation

The current immigration climate is tense. Undocumented people fear not only for deportation but also for the care and wellbeing of their children.  It is important that people that are undocumented make plans in the event that this situation takes place. Among the first things to be planned is the provision of care and supervision of minor children while the parents are in the process of the deportation.

It is important to keep all detail information of the child. If the child is an American Citizen, having their passports updated should be a priority. In addition, it is often suggested to create a power of attorney limited to the event of deportation. In this power of attorney, the parents should assign a guardian to take care of the child and allow permission to travel with the guardian. The undocumented person should also consider leaving financial provisions for the care of the child.
It is often recommended that the undocumented person carries information of their attorney or a l…

Chapter 7 Bankruptcy

Chapter 7 Liquidation: In a Chapter 7 Bankruptcy also known as liquidation, most of the debtor’s dischargeable debts are forgiven and the debtor is allowed a fresh start. The debtor is allowed to keep certain exempt property depending on the state they live in. The value of property that can be claimed as exempt varies from state to state. Assets that are not protected under an exemption are sold by the interim trustee to repay creditors. Many types of unsecured debt are legally discharged by the bankruptcy proceeding, however there are various types of debt that are not discharged in a Chapter 7. Some exceptions to discharge include child support, income taxes less than 3 years old and property taxes.   When a person decides to file for bankruptcy the advisable first step is to see an attorney.   Among the requirements for qualification is whether the person falls within the means test.  The attorney will require for the debtor to bring pay stubs and provide a list of their expenses.…