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  1. #1
    Join Date
    Nov 2007
    Posts
    18

    Default Returning An Ex-Roommate's Security Deposit In New Jersey

    Hello. I hope you can help answer my questions.

    I signed a lease with two other people in the state of NJ. One of those individuals chose to leave before the lease was over. She found someone to sublease her room and pay her portion of the rent for the remainder of the year. As far as we know, this person has left the country and we have no way of contacting her.

    As far as security deposits go -- if the person who originally left the lease lied regarding why she was leaving and needed to sublease, is she still entitled to get her security deposit back?

    Also, our lease requires written permission to sublease the apartment, but our roommate never received that permission from the landlord. Does this effect if she gets the deposit back?

    If she is entitled to receive her security deposit:
    • What are the procedures for returning it?
    • Are we required to seek her out and return it, or does she need to come to us?
    • How do we get proof that she received it from us, to ensure she does not give us any problems in the future, saying that we did not return it to her, trying to take us to court over it, etc?
    • Is she entitled to any interest earned on the security deposit?


    Thank you for any help or insight you can provide!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Returning An Ex-Roommate's Security Deposit In New Jersey

    Why would you have any right to keep her security deposit? You haven't identified so much as a penny in costs that she would have to cover out of that deposit.

    Mail her a check. If she cashes it, it's safe to conclude that she received it.

    Beyond that,
    Quote Quoting Residential Security Deposits
    The security deposit generally must be deposited in an interest-bearing account in a bank or saving and loan association in New Jersey at the time the lease is signed. The tenant must give written notice of where the money has been deposited within 30 days of receipt by the landlord.

    If the landlord does not return the security deposit within 30 days from the date the tenant moves out of the premises, the tenant may sue to recover double the amount due, plus court costs. If the amount sought is $3,000.00 or less, the tenant may sue in the Small Claims Section. If the amount sought does not exceed $15,000.00, the tenant may sue in the Special Civil Part. If the amount sought exceeds $15,000.00, the tenant must sue in the Law Division.

    The landlord must notify the tenant of the amount of the security deposit being retained and the nature and cost of the repairs.

    If the amount of any damage caused by a tenant plus any unpaid rent is more than the security deposit, the landlord may sue for the additional money.

    If a residential building is sold, the seller must turn over each security deposit plus any interest to the buyer and notify each tenant by registered or certified mail.

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