QUESTION
Can I get my security deposit back after Hurricane Sandy deemed my rental uninhabitable?
Asked on Jan 18th, 2013 on Landlord and Tenant Law - New Jersey
More details to this question:
The house I was renting was deemed uninhabitable after Hurricane Sandy by FEMA housing inspectors. The house is in Highlands, NJ. The landlord told me he would fix everything in 10 days. Then 2 weeks, then 5 weeks and on and on... The place was gutted but nothing was done for the first 6 or so weeks. Only reason I said I would move back is that I gave him the benefit of the doubt that he would restore the house. I told him after waiting 6 weeks that I needed to move on with my life and find a place to live. I gave him a forwarding address to send the deposit to. That was an email on 12/5/12. He would not respond to the email or any of my phone calls. Never has. So, I moved to a new place on 1/1/13. I would like my security deposit back ($1942.00). Do I have a right to it? I only have his cell phone number and the address of his place of business - which strangely has a new name. Do I have a right to my deposit and if so, how do I go about getting it back?
1 ANSWER
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Yes, you have a right to the return of your security deposit. A security deposit is not supposed to be used to cover damages caused by things outside of the control of the tenant, such as a hurricane. If you want your security deposit back I suggest filing a case in special civil division, which can be done pro se.
If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.
The Law Office of Robert Colby, LLC
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New Brunswick, NJ 08901
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Answered on Jan 20th, 2013 at 5:34 PM