security deposit
I am a landlord and my tenant only gave us about 13 days notice that were leaving (we have a month to month lease)
They left 4 days into the following month and now they want the security deposit back. I never got rent from them on that month.
I also never told them where the secuirty deposit was.
Will I be forced to pay the secuirty deposit or double for that matter or can I keep it for the rent that they did not pay
Re: security deposit
It depends – it is impossible to give an accurate answer without more info.
For example what type of building do you own? i.e. two family, three family..
Is it owner occupied?
Generally if the building is a three family or more a landlord is supposed to comply with the security deposit act – generally Landlord deposits security in an interest earing account and informs the tenant where he deposited the security
If a landlord fails to do this a tenant can ask that it be put towards rent and no further deposit is required.
After a tenant leaves a landlord must return the security deposit with interest less any charges expended under the terms of the lease – any deductions must be itemized.
If this is not done a landlord could be liable for double the amount of the deposit and possibly attorey’s fees.
Therefore your answer will also depend on when the tenant moved out.
If you need more information please contact my office.
David Heron
David Heron
David C. Heron, Esq., LLC
60 Park Place
Newark, NJ 07102