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  1. #1
    Join Date
    Dec 2009
    Posts
    1

    Unhappy Unofficial Sublet: Security Deposit Worries and Possible Bed Bugs

    My question involves landlord-tenant law in the State of: New Jersey

    Hello, I am subletting for a month in NJ. I'm an unofficial sublettor and I paid the tenant directly with certified checks (therefore I do have a printed record of the security deposit and rent.) I live in a multi-story apartment building. I have a few questions.

    1) First off, I do have emails between us stating the amount of the lease and the lease term and security deposit. Would that count as a written agreement or does it need to be signed?

    2) I'm worried about getting my security deposit back if she refuses to pay it back. I definitely will be leaving the apartment in better condition that when I moved in. Do i have legal recourse if she doesn't give it back? Does accepting my rent and security deposit create a landlord/tenant relationship?

    The previous questions are mainly to have my bases covered. The most important question...
    3) I've been bitten a few times in the week since I moved in. I'm concerned it might be bed bug bites. I know NJ law says the landlord should pay for the initial extermination. However, I know sometimes bed bugs need a follow-up cleaning and that also I would have other expenses in getting my clothing cleaned/mattress cover etc. Would the tenant I lease from be responsible for paying this?

    4) If I choose to move out before the end of my 1-month lease b/c of the bug bites (whatever it is, I'm allergic), can I get back the rent I paid as well as the security deposit?

    Any help would be appreciated. Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,883

    Default Re: Unofficial Sublet: Security Deposit Worries and Possible Bed Bugs

    1. If your emails are sufficient to document your mutual understanding and the sublease is for less than a year, they should suffice in court.

    2. Your recourse is to make a claim in small claims court. You are a tenant.

    3. If you have bedbugs, seek remediation. If not... then you don't have a problem.

    4. If you break your lease, you should expect that any unpaid rent you owe will be charged against your security deposit.

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