Security return

How long does the landlord have to return a security deposit?? My son rented and apartment in Belvidere from a local lawyer (no names) He gave his final notice a month in advance and moved out on July 1st ,,, No check yet..

Justwondering
Sep '10

I would think 30 days would be more then enough time. 60 days seems a little long. Time for a phone call.

sack
Sep '10

he had better left the apt in EXACTLY the same way he moved in..this happened to me many years ago before i knew better..they charged me (from my security deposit) to patch up the pin holes in the wall where i had hung pictures...there were a couple of other things i cant remember it was that long ago, however after that i started takeing pictures of anything that seemed amis when i rented an apt..ie: a screen that should have been replaced..a spot on the carpet..even leaving the place SPOTLESS i had to keep on them to return my security deposit, it was like pulling teeth..the place looked better when i left than when i moved in and i still had to pester them for my full deposit back..i think an apt complex has a certain amount of time to get your $$ back, not sure about a private home apt tho..maybe he should re-read his lease i bet there's something in there about it..oh yeah..i always make a copy of the lease now,too for my records...live n' learn i guess...good luck!

ginger
Sep '10

I'm pretty sure that 30 days is the legal limit. And after 15 seconds of googling, I confirmed it:

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterthree/index.cfm#3back


Getting your security deposit back
The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. Cite: N.J.S.A. 46:8-21.1.

The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet.

Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting.

There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.

ianimal ianimal Message ianimal
Sep '10

It is 30 days.

Jenn Jenn Message Jenn
Sep '10

Great post, ianimal. Thanks.

cbel cbel Message cbel
Sep '10

Little holes inj the wall are normal BUT bug ones are not. I once had a landlord that charged me to repair them and took him to court. Not only did I win the judge gave me 2x my security back because he didnt do it within 30 days. It took me 6 months. I could have gotten 3 times the security back but the judge said he wanted to give the landlord a little break. This was in Union County so I dont know how the courts here are.

Good Luck.

Christine Christine Message Christine
Sep '10

Greenview Gardens was really good about returning our security deposit. Before we left, I specifically called Eva in the office and asked her if I needed to spackle the nail holes in the walls before I left and she said no, that the painting contractor would do it and I would not be assessed against my security.

The security deposit arrived within three weeks, but I did have to make a phone call to get them to reimburse me for the pro-rata share of my last month's rent, because we moved out on the 13th and had paid in full for the month. Again, I spoke to Eva and she said that she would look into it for me. I can't say enough nice things about her; she made living there for the better part of a decade a real treat.

Two weeks later I received a check for $500 and change... best phone call I ever made (-;

ianimal ianimal Message ianimal
Sep '10

The law states 30 days, otherwise the tenant is due "double damages". Make sure you have a walk-through.

It is 30 days..I also had a landlord take almost $200 out of security because of thumb tack holes. I took him to court and got the whole security deposit back..The best to cover those holes are toothpaste.

Mich
Sep '10

Thanks for the info it was helpful and I agree with you about Eva she is such a nice lady..Lived there also....It's too bad about the security because of the fact the landlord is an attorney..He should know better....

Justwondering
Sep '10

remember posters we are only hearing one side here. While there are trashy landlords there are far more trashy tenants. Not meant for you specifically just wondering so dont get your panties in a bunch.

Wayne
Sep '10

Wayne -

I would not make that generalization. Many landlords literally *bank* on tenants' lack of knowledge of the law and their rights, and their fear of being "put out" if they stand up for themselves.

The law states: If security is not returned by the 30 day mark, the tenant is owed double damages, twice the security. The tenant must remember to ask the judge for it. If security is withhheld fraudulently, the tenant is entitled to treble (triple) damages, as long as the tenant asks it of the judge when filing the complaint. The court is obligated to award it.

Sounds like you were a good tenant Ian and Greenview was a good landlord, fair about things, that's all you want is fairness. Years ago a friend of mine also got the 2X the security back when she took the landlord to court for not returning her deposit.

Bessie Bessie Message Bessie
Sep '10

YKW speak for yourself I stand by my statement.

Wayne
Sep '10

What is the statute of limitations? MY mother moved out or past away but I never received the deposit. Does anyone know if I am out the security or not???

Angel Angel Message Angel
Sep '10

Angel- Any monies that were due to your Mom after her death will be written out to "The Estate of Mrs........" Is it possible that the letter was returned to sender because of her death? I know that I had a check for my Mom's estate returned to the original sender because I changed the address with the post office. Or possibly check with the court house where you filed her estate. Hope that helps.

Jenn Jenn Message Jenn
Sep '10

wayne -

I DID "speak for myself"... I stated, "I would not make that generalization". I did not say, "wayne, do not make that generalization". Ok?

The apartment was left in move in condition when he left because I helped him clean it..again the landlord is an attorney and should know better...

Justwondering
Sep '10
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