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It has been 30 days & I still have not recieved my Security Deposit for my rental apt. since 8 years, and he is ignonring my calls?

I am from Bergen County, NJ. Now what... I have lived there for eight years, he let me out of my lease because of the neighbors causing problems, her kids assaulted my daughter, and He agreed to let me move yes, I have paper work...

I did not destroy the property so now what????

Answer Question
 
KFree907

Asked by KFree907 at 12:15 PM on Aug. 3, 2010 in Money & Work

Level 20 (8,947 Credits)
Answers (10)
  • they were his tenants down stairs that caused so many problems...
    KFree907

    Comment by KFree907 (original poster) at 12:17 PM on Aug. 3, 2010

  • Send him a certified letter asking him for the money, telling him if you don't receive it in "x" amount of time you will file in small claims court. That will flush out his intentions. Make sure you look into the rental laws in your state as well.

    Morgain

    Answer by Morgain at 12:18 PM on Aug. 3, 2010

  • Sounds like a trip to small claims court ...
    tasches

    Answer by tasches at 12:22 PM on Aug. 3, 2010

  • You'll have to research your state's laws about leases and security deposits. Here in Georgia, there's not much you can do. Laws here always favor the landlord. Basically, the landlord can make up a reason for not returning the deposit, and unless you have proof that contradicts the reason, there's not much you can do. But you may be able to sue for it. And depending on the amount of the deposit compared to the court costs for suing, it may not even be worth it.
    Sorry, that's not much help, but I don't know how it works in NJ.
    RachaelMac

    Answer by RachaelMac at 12:22 PM on Aug. 3, 2010

  • As a landlady I can tell you that you most likely forfeited you security deposit when you moved out early. Even though he let you out of your lease, unless you have something that says you are entitled to your security deposit back any court will most likely let him keep it because you broke the lease. Check with your state for tenant's rights but it probably won't do you any good.
    CorrinaWithrow

    Answer by CorrinaWithrow at 12:26 PM on Aug. 3, 2010

  • If you breached by moving out early, you may not get it back. Wow, there are tons of times, I did not get a security deposit back. It's hard. They consider the carpet- wear and tear, paint and anything else before they give it back.
    m-avi

    Answer by m-avi at 12:28 PM on Aug. 3, 2010

  • I'm going to guess that he doesn't owe you the security deposit because you got out of your lease early. Check with the tenant laws in your state, and find out what your rights are. If he owes you the deposit back, I would send a certified letter saying that he has 30 days to respond/refund your money or you'll take him to court.
    Scuba

    Answer by Scuba at 12:38 PM on Aug. 3, 2010

  • Since you broke your lease by moving out early, you lose the deposit. I was in property management for a few years.
    MommaofH2

    Answer by MommaofH2 at 12:53 PM on Aug. 3, 2010

  • He signed that it was ok, because the tenants down stairs landed my daughter in the hospital and I have assault charges against them, I have wrote several letters complaining to him... and I looked it up anyway, Found it, the law is he must notify me either way and he didn't

    SMALL CLAIMS COURT HERE I COME...
    KFree907

    Comment by KFree907 (original poster) at 12:57 PM on Aug. 3, 2010

  • I think you are right in your last comment that he has to notify you if he plans to keep your security deposit, so you may be on to something with that. I also THINK there is something that will allow you to move out early if the liivng conditions are horrible, especially if he agreed to it. If you have all your ducks lined up (everything documented), I would definitely send him a certified letter with your demand for payment/resolution or you will be in court. Good luck!
    pam

    Answer by pam at 2:04 PM on Aug. 3, 2010

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