New York Security Deposit
New York Security Deposits

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Getting your security deposit back in New Jersey
The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. 

The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet.

Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting or other normal wear and tear fees.

Before you move out, ask the landlord or his agent inspect the apartment.  WE SUGGEST YOU TAKE PHOTOS BEFORE YOU MOVE IN AND AFTER YOU LEAVE. Then ask that person to sign a note stating that you left the apartment clean and undamaged. 
If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. 

If you end up in court, the judge will not accept a letter from your friend as evidence.

Court and your security deposit
If, after 30 days, the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court. 

The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant's security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit. 

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit.  If you go to Small Claims Court, also write on the complaint the words “together with interest and costs of the suit.” You should get the interest and the money that it costs you to file the complaint, fees may vary. The court should also award you reasonable attorney's fees if you hired an attorney.

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.

Information from N.J.S.A. 46:8-19 and Legal Services of NJ, State of NJ Court FAQ

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