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Updated 29 days ago, 11/27/2024

User Stats

43
Posts
6
Votes
Andy S.
  • Investor
  • Somerset
6
Votes |
43
Posts

Tenant Vacated - Refunding Tenant Security Depsit: Via Registered mail or Zelle

Andy S.
  • Investor
  • Somerset
Posted

New Jersey law requires that security deposit be refunded to the tenant via check delivered in person or as a certified mail.

Is it ok to instead refund security deposit via say Zelle?

Is this method considered against the law? Thank you for any guidance I can get.

User Stats

676
Posts
434
Votes
Tim Delaney
Pro Member
  • Buffalo, NY
434
Votes |
676
Posts
Tim Delaney
Pro Member
  • Buffalo, NY
Replied

I don't know New Jersey law, but based on your first sentence in your post it sounds like you need to send the check by certified mail, not Zelle. Any advice you get here you should take with a grain of salt if you already looked up the law yourself. I'm sure some people have used Zelle and it is not an issue. But if the former tenant ever wants to cause an issue you will have been in the wrong. One way this can happen is if there were two tenants on the lease - the check should be made out to both of them. If you use Zelle that is probably only going to one of them, so the other person could claim they never received the deposit.

User Stats

439
Posts
359
Votes
Sarah Brown
Agent
  • Real Estate Agent
  • Nampa, ID
359
Votes |
439
Posts
Sarah Brown
Agent
  • Real Estate Agent
  • Nampa, ID
Replied

I would check in with an attorney.  That law sounds pretty specific. 

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User Stats

6,433
Posts
7,347
Votes
Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
7,347
Votes |
6,433
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Jonathan Greene
Professional Services
Pro Member
  • Real Estate Consultant
  • Mendham, NJ
ModeratorReplied

You answered your question before you asked it. Due to the income earned in the landlord account that goes to the benefit of the client, you should cut the check directly from the account through the bank and do as the law says, hand-deliver or certified mail. Zelle is too easy to dispute and not secure enough.

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Zen and the Art of Real Estate Investing
5.0 stars
9 Reviews

User Stats

124
Posts
43
Votes
Hussain Harun
  • Investor
  • Madison, WI
43
Votes |
124
Posts
Hussain Harun
  • Investor
  • Madison, WI
Replied

@Jonathan Greene

I’d second this :)

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15,590
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JD Martin
Property Manager
Pro Member
  • Rock Star Extraordinaire
  • Northeast, TN
15,590
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9,716
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JD Martin
Property Manager
Pro Member
  • Rock Star Extraordinaire
  • Northeast, TN
ModeratorReplied

We always send deposit refunds by check to a forwarding address provided by the tenants. You always want some proof of who cashed the check and where it went. 

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Skyline Properties
0.0 star
0 Reviews

User Stats

632
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1,033
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Joe Scaparra
  • Investor
  • Austin, TX
1,033
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632
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Joe Scaparra
  • Investor
  • Austin, TX
Replied

Another reason to send it by mail is in many cases you will be deducting damages from deposit.  By sending a check, in many states, if the tenant cashes the check they are de facto agreeing with your damage assessment and will have little ground to dispute your accounting.  However, if you send by Zelle they had no discretion or opportunity to object and they would retain the opportunity to contest the payment.  Most tenants, when receiving a check in the mail are going to cash it.