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Under the Rent
Security Deposit Act the landlord has to put
your security deposit in a separate bank account
that pays interest. The landlord must tell you in
writing the name and address of the bank where the
deposit is being kept, the amount of the deposit,
the type of account, and the current interest rate
for that account. NOTE: The
Landlord may put this directly in the lease.
The
security deposit law says that this notice
has to be given to the tenant in writing
within 30 days after the tenant gives the
deposit to the landlord. The law says
that the landlord must also give the notice
not just within 30 days of getting it from
the tenant, but each year at the
time the landlord pays the interest to the
tenant.
A new landlord must also give the notice
within 30 days of buying the property. The
notice must be given to the tenant within 30
days after the landlord has moved the
deposit from one bank to another, or from
one bank account to another (unless the
change in the bank or account takes place
less than two months before the annual
interest payment)
Your
security deposit as rent :
The law also says that if the landlord does not put
the security money in a proper bank account, or does
not give a proper written notice to the tenant every
time the law provides for,
then the tenant can give a written notice to
the landlord telling the landlord to use the whole
deposit interest per year to pay the tenant's
rent.
All notices should be sent to the landlord by
certified mail, return receipt requested, and you
should keep a copy.
The money can be used to pay future rent or any back
rent the tenant owes. Once a tenant legally tells
the landlord to use the security deposit as rent,
the landlord can't ask the tenant for another
deposit as long as the tenant lives in the apartment
or house.
Note:
There are two exceptions to the rights described in
the paragraph above.
- If a landlord
does not obey the law that says he or she must
pay the interest on the security deposit every
year (or if the landlord does not use the
interest to pay part of the tenant’s rent), or
- If the landlord
does not give a notice about the deposit to the
tenant every year, then
the tenant can use the
deposit to pay past or future rent due.
But before the tenant can do this, the tenant
must give or send the landlord a letter giving the
landlord 30 days to pay the interest or give the
annual notice.
There are
two other important points about the notice of
security deposit:
- Landlords will
often put the name and address of the bank where
your security is deposited, along with the other
information required by law, right in the lease.
This is sufficient notice under the law.
- Even if the
landlord sends you the notice within 30 days,
the landlord still violates the law if the
notice is not true. If you receive the notice,
call the bank to find out if the money has been
deposited. If the money was not deposited, you
can tell the landlord in writing to use the
security deposit to pay your rent just the same
as if the landlord had not sent you a notice at
all.
Interest on
your New Jersey Security deposit
The Rent Security Deposit Act requires landlords who
rent 10 or more apartments to place tenants'
security deposits in either an insured money market
fund or a federally insured bank account. The
account must pay a rate of interest set at least
quarterly and equal to the average rate of interest
paid by the bank on money market accounts.
Read more on Security Deposit Interest Rates in New
Jersey
These higher
interest accounts must be in New Jersey-based
institutions.
The law requires
landlords who rent fewer than 10 apartments to place
security deposits in bank accounts that pay at least
the regular rate of interest.
The law no longer
allows the landlord to keep any amount to cover his
or her administrative expenses.
The law now
requires that the interest earned on the deposit
must either be paid to you in cash every year or
subtracted from the amount of rent you owe on the
renewal or the anniversary of the lease. This must
be done either when your lease is to be renewed, or
on January 31 each year. (But the landlord must give
you a written notice that he or she will be paying
you on January 31 of each year instead of the date
your lease is renewed.)
See Also:
Getting Back Your New Jersey Security Deposit
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