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by iluvthedusk on January 24th, 2007

iluvthedusk

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Is my landlord entitled to my security deposit if he had a new tenant moved in within two weeks of my leaving even though I broke my lease? I live in NJ, and I paid my last month's rent and paid on time every month I was there.

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Answers. 4 helpful answers below.

  • by Redhawk on December 21st, 2009

    Redhawk

    It sounds like your prior landlord is either dumb or a greedy ass!

    As shared, a deposit is intended to be used for REPAIRS, CLEANING and things of that nature, NOT as rent.

    If you paid the ENTIRE month's rent and it was rented to a new person within 2 weeks, of your leaving...you may ALSO BE entitled to some of that month's rent back as well as your deposit...

    A landlord is not allowed to DOUBLE CHARGE BOTH YOU AND THE NEW TENANT for the unit at the same time!!! They are supposed to PRO-RATE THE RENT BETWEEN THE TWO OF YOU!

    For example...lets take the month of October. You lived in the unit from Oct.1 though Oct 15, handing over the keys Oct 15. On Oct 20th your landlord signed a new contract, handed over the keys and accepted payment from a new tenant who moved in on Oct 24. YOU would then be responsible for payment from Oct 1 till Oct 20th, even though you left on Oct 15, (because you broke your LEASE.)

    If you were only renting on a month to month basis, then you are only required to give either a 30-day notice, or what ever time frame you and your landlord agreed to in your Rental Agreement. I use a 60-day notice, because I'm out of state, 3000 miles away and it can be a challenge dealing with finding a new tenant for me and because I allow pets and if I were the one to terminate the agreement, I want to be sure my tenant has enough time to find a decent place that will ACCEPT their companion animals, not always easy.

    BUT...if my tenant gives ME the required 60-day notice, and they want to leave sooner...as long as I have found a new tenant, have a signed agreement along with their deposit and first month's rent...the old one can not only legally leave, but I need to prorate the rent so that there is no OVERLAP of charges to either tenant!

    If I have not found a new tenant within the 60 days...the old one can still leave ANYTIME they want to (even three days after giving me the 60 day notice...but I can CHARGE THEM RENT up to the entire 60 days....or up to (within the 60 days) when I have it rented again.

    Check out the dates on your situation...It is possible that they not only ow you a deposit (if you left the place in good repair and sparkling clean, ready to rent!) but also the pro-rated portion of your final month's rent paid! Most states demand that refunds take place within a reasonable amount of time...in CA it's 21 days! If the place was not clean, then they CAN keep part of the deposit for cleaning, but they need to provide you with a receipt for the work done, even if they did it themselves (they would have needed to get an estimate for a cleaning company and could base their personal charges on that amount.)

    With a lease, if you were suppose to be there a year, and only stayed 6 months, they CAN sue you for the remainder of the lease time, but only up to when they re-rent it AND they would still need to return any unused part of your deposit in a timely manner. They would also need to PROVE TO THE JUDGE that they did everything they could do to rent it out again in as timely a manner as possible, before a Judge would consider charging you for the part your originally agreed to be responsible for.

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  • by JUSTNORMAL on January 24th, 2007

    JUSTNORMAL

    The security deposit is not supposed to be for anything, but damage that occurred while you lived there. That is the only time they can keep your security deposit. Not sure about breaking the lease, but I do know they can keep rent not security unless it required repairs

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  • by Anonymous on January 24th, 2007

    Anonymous

    New Jersey Landlord/Tenant law doesn't make any provisions for the security deposit in the event of early termination of the lease. Therefore, your landlord cannot keep the security deposit for any reason other than REPAIRS for damages above NORMAL WEAR AND TEAR to the property. If the landlord does not return the security deposit to you within 30 days of the end of the lease, file a claim in small claims court.

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  • by Gideon on January 24th, 2007

    Gideon

    Read your lease. It may entirely possible that breaking the lease means forfeiture of the security deposit. While in most cases it's reserved to cover damages, in this case it would be a penalty. Had he not been able to rent the unit within two weeks, you could be hedl liable for that month's rent.

    You can contact your local clerk of the court, who can be very helpful. Most attorneys are also happy to answer a couple questions for you.

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