Paul - Not sure what little details you mean but all details matter. I also have no idea where the last months rent is coming into play? I never said it was their last month. They were trying to use the security deposit to pay rent for that particular month saying I violated the NJSA act. If you violate the NJSA act they can use the security deposit towards their rent whether you like it or not, you can say NO! but a judge will disagree. I was saying I did not believe I violated based on the written language below, and was looking for someone who has gone through this and make sure I wasnt interpreting it incorrectly. -
46:8-26. Application of act The provisions of this act shall apply to all rental premises or units used for dwelling purposes except 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. (this exception is describing my property and I never receive a written notice from my tenants asking me to invoke the provisions of the act)
Judy- 1. Of course I have a lease. See the paragraph above regarding security deposits. Its listed as NJSA 46:8-26 that states my property is an exception and I was looking for someone who might be able to tell me if I was incorrect or not.
2. I know security deposits cant be used to pay the last months rent. Not sure if you read my original post but I did not say it was their last month.
Since you seem to have read up on the NJ / Tenant law can you please explain NJSA 46:8-26 for me? Is the exception not a real thing? If its not then why is it written?