Frequently Asked Questions By Tenant

Can I withhold rent until my complaint is corrected by the landlord?

No.

It’s been more than thirty days since I moved out of the rental unit and the landlord has not returned my security deposit? What are my rights?

File suit for two times the amount of the wrongfully withheld security deposit.

The landlord withheld my security to pay for the repair of damages to the rental property which he claims I caused, when I did not cause same. How can I recover my security deposit?

Same as #2.

What is the purpose of a security deposit?  A security deposit is required in a rental situation to protect the interests and the property of the landlord or owner. The deposit provides a monetary fund from which the landlord can deduct late rent and, most commonly, from which they can fund repairs or replacement of damaged property after the lease or rental agreement is terminated and the tenant leaves the dwelling. In many states a specific law governs the maximum amount of a security deposit which may be required (usually one or two month’s rent) and the circumstances under which a landlord may withhold a portion, or all, of a security deposit.

Why is it important to have a lease or rental agreement in writing?

A lease or a rental agreement is a contract which legally bind both a landlord and a tenant to certain rights and obligations. When a rental agreement or lease is merely discussed and never put to paper, the parties can later have a difficult time agreeing on specific terms (What was the amount of rent again? What do you mean you don’t pay for my electricity?) or general items (I can’t understand why you are kicking me out for not keeping the bathroom clean!). If an agreement is made in writing there is usually more clarity, which is good for both sides.

Can a landlord take matters into their own hands to evict a tenant?

No. It is illegal and can lead to a host of problems. These actions can result in extra penalties and court costs for the landlord. When a landlord skirts the legal requirements of providing notice of termination of a lease and the commencement of eviction proceedings, and instead starts throwing a tenant’s stereo out the window, they are committing an illegal “self-help” eviction. Taking matters into their own hands is never a good solution for landlords.

Can a landlord come into my apartment whenever they want?

Generally speaking, no. A landlord has a right to enter rental units in the case of emergency or to make repairs. Usually, in the case of repairs, they are required to ask permission or to provide advance notice before entering, unless their is an emergency.

How Many Days Does A Landlord In New Jersey Have To Return A Renter’s Security Deposit? 

Section 46:8-21.1 of the New Jersey Statutes Annotated provides that a landlord must give a tenant written notice within 30 days of the tenant vacating the property if the landlord is withholding any portion of the security deposit. If the tenants were evacuated due to fire, flood or a similar emergency the deposit must be returned within 5 days.

Does a landlord have to repaint my apartment? 

Maybe. A landlord does not have to make aesthetic changes to an apartment. So, if you really don’t like those mauve walls in the kitchen you can ask the landlord to repaint (or ask if you may repaint them yourself) but they are not required to agree. If paint is peeling, severely cracked or if there is mold or mildew on walls then the landlord may be required to repaint, and repair, the walls.

The property was sold to a new landlord and I have not been advised of the banking institution where my security deposit is being held. Is the landlord required to provide me with the name of the bank?

Yes.

Call  RIGHT NOW and speak with a New Jersey landlord tenant attorney Marc P. Feldman (973)-267-7555