QUESTION
Do not I have the right to a refund of the rest of my security deposit?
Asked on Aug 29th, 2012 on Landlord and Tenant Law - New Jersey
More details to this question:
My landlord designated July 20, 2012 as my move-out date and pro-rated our rent to reflect this for the purpose of us paying the last month's rent. My landlord then decided to deduct the remaining portion from my security deposit, so they forced me to pay the entire month of rent although we were forced to move out in the middle of the month and pay pro-rated rent for the 1st month at our new apartment. We moved out on time, no damages beyond normal wear and tear. Due to their delay, they are dragging their feet and have not made the refund within 30 days of move-out, which they confirmed they would, so they are also in breach of this as well.
10 ANSWERS
I have not seen your lease or any letters or agreements signed by you and the landlord, but the facts stated in your narrative suggest that the landlord agreed to accept prorated rent for July 2012 and, therefore, the landlord should not deduct the balance of the rent for July 2012 from your deposit.
Answered on Sep 06th, 2012 at 1:59 PM
Dennis P. Mikko
If you have fully complied with the Secuity Deposit Act of 1974 and the landlord has not properly refunded your security deposit, you could bring a small claims action seeking double security deposit as damages. If there was an agreement that you move out on the 20th and rent was pro-rated, it sounds like you have complied and deserve your security deposit or possibly double your security deposit.
Answered on Sep 06th, 2012 at 1:59 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
If you have in writing that they would be prorating your rent, they should abide by that. Additionally, pursuant to California law, 21 calendar days or less after you move, your landlord must either: * Send you a full refund of your security deposit, or * Mail or personally deliver to you an itemized statement that lists the amounts of any deductions from your security deposit and the reasons for the deductions, together with a refund of any amounts not deducted. Failure to do the foregoing would result in penalties to the landlord.
Answered on Sep 06th, 2012 at 1:58 PM
Leonard A. Kaanta
You can sue for the deposit.
Answered on Sep 06th, 2012 at 1:57 PM
Bankruptcy Attorney serving Overland Park, KS
at
The Smalley Law Firm, LLC
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Yes, it sounds like you should be entitled to a refund of your security deposit. I suggest that you consult with an attorney to discuss the details of your situation.
Answered on Sep 06th, 2012 at 1:57 PM
If you left on time, your rent was current and you did no damage to the property, you are absolutely entitled to a full return of your security deposit.
Answered on Sep 06th, 2012 at 1:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Bring all the paperwork to an attorney, it appears you are in the right.
Answered on Sep 06th, 2012 at 1:56 PM
You should consult a real estate attorney about what you can recover for the failure of the landlord to account and return the unused deposit.
Answered on Sep 06th, 2012 at 1:56 PM
You should take your landlord to small claims you may have the right to an award in excess of your security deposit if he has delayed refunding your security deposit. For more information please see, http://www.dca.ca.gov/publications/landlordbook/index.shtml, and/or contact and attorney.
Answered on Sep 05th, 2012 at 11:44 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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In NJ you are entitled to double the amount of security deposit due you because it was not sent within 30 days. He cannot tell you when to move out and then charge for any period after that date.
Answered on Sep 05th, 2012 at 11:40 PM