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Jersey City Landlord not returning Security Deposit.

Jersey City, NJ |

Landlord is not returning the security depost which he owes to me. He is claiming that I have broken things and he is not returning the security deposit. When he gave me the apartment he gave it without cleaning and directly from another tenant. I had to take it because my wife was pregnant and that was the only apartment available at that time and we wanted that for easy access to go downstairs in case of emergency. I had to vacate the apartment as I had to leave the country due to my work visa expiry and it was the same week when Hurricane Sandy happend so I informed the landlord that I cannot remove the four furniture items as none of the elevators were not working and he agreed he will take care. I am out of the country now cannot defend myself in small claims court.

Attorney Answers 3

Posted

The New Jersey Rent Security Deposit Act REQUIRES that a Landlord either return your deposit or provide an itemized list of the deductions from the security within 30 days after the end of the tenancy. If the Landlord fails to do so, the law says you are entitled to double damages (your damages are the amount wrongfully withheld) plus the possibility of attorney's fees. Unfortunately, whether you are suing the landlord, or he is suing you, either you or your attorney must appear in Court.

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2 lawyers agree

Posted

I agree with counsel.

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Posted

Did you give the LL a forwarding address? Did the LL give a written notice as to what was deducted? He may have agreed to take the stuff out but at what cost?

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2 comments

Asker

Posted

I have given them the address in my home country in my moveout form to send the security deposit. Also I had sent email to their office the address. I havent got any written notice yet or the itemized list. They did not tell any cost to take the stuff out, I thought it was a help they were providing as they were providing the elevator facility during that time(damaged due to hurricance Sandy), if the elevators were working I would have removed that four furniture myself.

Sandra A Joseph

Sandra A Joseph

Posted

Send an email that you are concerned you did not received your security deposit within 30 days from the surrender of the keys. (I hope you gave them back the keys). If you do not receive a response within a few days then send an email that you have consulted with an attorney (which you will) and that you will commence a proceeding for the security deposit plus damages pursuant to NJ statutes.

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