Landlord not returning the deposit

[Eddie Johns]

Hi Guys please help us out here.

We rented an apartment on 15sept and paid 2 months deposit to the owner. After 3-4 days we found there were bed bugs in the house and we contacted the owner to do pest control in our house.  He kept delaying it saying that we have requested a pest control company but they are busy and will be soon coming to the house.

In the meantime the menace of bedbugs was increasing day by day and we had to throw our beds and some other things too due to that. Finally on 3oct we decided to vacate the house as no pest control was done on the house and we had skin infections due to bed bugs.

We told the owner that due to bed bugs we have health issue and are leaving the house, please pay our deposit back. He said we needed to give him a months notice in advance. There was no lease agreement between us. We reminded him and he kept delaying it saying its under process.

We agreed and gave him a formal notice of 1 month (i.e. till 3 Nov). When we emailed him back asking for our deposit on 4 Nov he is saying that we had to return him the keys which we did not. He says that after we return the keys he will give the deposit back deducting another 15 days of rent.

What can be done in this case ? Can someone please help ?

[Deanna McCormick]

My take and example of what I'd expect.  I"m using $500.00 as basis for rent. 

Rent 500.00

Security deposit 1000.00  Note not applicable law in New Jersey limit is 1 1/2 times the rent max landlord could have charged was $750.00 so landlord is out of compliance on that. 

so automatically you get back $250.00 for sure.

Move in 9/15 you probably paid 1/2 months rent prorated as move in date to end of month $250.00 

Date you notified landlord of bugs,, 9/18

Date it was serviced? 9/28 10 days later.. 

so I would deduct 10 days off rent for not being able to live in apartment, the landlord should have made arraignments for a hotel or other suitable space for you. but 10 days for service by a bug guy isn't totally out of reason just not very accommodating. 

Deduct $-166.66 10 days not in apartment.  500 divided by 30 = 16.66 a day. I would demand this. 

You sign a 30 day agreement to vacate on 10/3  

Rent for Oct owed is 500.00

Rent for prorate nov 1-4th is $66.64

Total you should owe for rent is    250.00 - 166.66 + 500.00+ 66.64. = $649.98

Whatever you paid was either by cash or you agreed would come off deposit so you'd have to come up with that number. It's just the sooner you would have turned in keys the sooner the landlord would have had to return deposit in your state. And I would have negotiated for more compensation you really could have had case for ability to do just that. 

You can try for this I think it's within your right to ask and had you called health official you would have had more resources.. per your state regulations. 

But looks like landlord has 30 days to refund from date you handed in keys. 

New Jersey State Laws

The Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws to your unique situation.

If you have a legal question or concern, I only recommend contacting alicensed attorney referral service that is operated by the state bar association. This article is not intended to be exhaustive or a substitute for qualified legal advice.

Official Rules and Regulations

Official Statutes:

• N.J. Stat. Ann. §§ 46:8-1 – 46:8-50 – Property – Landlord and Tenant (OFFICIAL)
• N.J. Stat. §§ 46:8-19 – 46:8-26 – Security Deposit Law (pdf)
• N.J. Stat. §§ 46:8-27 – 46:8-37 – Landlord Identity Law (pdf)
• N.J. Stat. §§ 46:8-43 – 46:8-50 – Truth-in-Renting Act (pdf)
• N.J. Stat. §§ 2A:42-10.10 – §§ 10.14 – Reprisal Law (pdf)
• N.J. Stat. §§ 2A:42-1 – 2A:42-96 – Administration of Civil and Criminal Justice – Landlord and Tenant
• N.J. Stat. §§ 2A:14-1 – Limitation of Actions
• N.J. Stat. §§ 2A:18-53 – §§ 2A:18-84 – Evictions (pdf)

Unofficial Statutes:

• N.J. Stat. Ann. §§ 46:8-1 – 46:8-50 – Property – Landlord and Tenant (UNOFFICIAL)
• N.J. Stat. §§ 2A – Administration of Civil and Criminal Justice (UNOFFICIAL)

Guides:

• Truth in Renting Guide – Department of Community Affairs (pdf)
• Landlord-Tenant Information – Department of Community Affairs

Security Deposit:

• Exclusions: The statutes that regulate security deposits do not apply to owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act. (§§ 46:8-26 (pdf))
• Security Deposit Maximum: One and a half months rent. (§§ 46:8-21.2 (pdf))
• Security Deposit Interest: Required. Interest on deposit or pre-paid rent remains property of the tenant and shall be paid to the tenant in cash, or be credited toward rent due, on the renewal or anniversary of tenant’s lease or, if notified in writing before the anniversary, on January 31. (§§ 46:8-19 (pdf))
• Separate Security Deposit Bank Account: All deposit money may be deposited or invested in one interest-bearing or dividend-yielding account as long as all other statutory requirements are followed. Statute states that security deposit funds may not be mingled with the personal property of the landlord. Landlords with 10 or more units must invest deposit funds in shares of a qualified money market account. Landlords with fewer than 10 rental units shall deposit money in an interest-bearing account at prevailing rates and insured by the federal government. See statute for other provisions. (§§ 46:8-19 (pdf))
• Pet Deposits: No statute, therefore, pet deposits are allowed, as long as the total deposit does not exceed one and one-half months rent. (§§ 46:8-21.2 (pdf))
• Non-Refundable Fees: No statute
• Deadline for Returning Security Deposit: Landlord has 30 days from the termination of the lease to return deposit plus tenant’s portion of the interest or accumulated earnings. See statute for rules for deposit return in cases of fire, flood or other situations. (§§ 46:8-21.1 (pdf))
• Permitted Uses of the Deposit: No statute. Typically, all or a portion of the deposit can be used for actual damages (nonpayment of rent or fees, or physical damage above normal wear and tear)
• Require Written Description/Itemized List of Damages and Charges:Interest or earnings on the deposit and any deductions shall be itemized and tenant notified by personal delivery, registered or certified mail. (§§ 46:8-21.1 (pdf))
• Record Keeping of Deposit Withholdings: No statute
• Receipt of Deposit: Within 30 days of receipt of the deposit, landlord shall notify tenant of the name and address of the financial institution in which the funds are deposited, the current interest rate, and the amount of the deposit. Such notice must also be given within 30 days of moving the deposit from one financial institution to another, at the time of each annual interest payment and within 30 days of transfer of ownership of the property. (§§ 46:8-19 (pdf))
• Failure to Comply: If the landlord fails to follow the regulations found in §§ 46:8-21.1 (pdf), the tenant could be awarded double the amount of said monies plus reasonable attorney’s fees.