Security: My 2 roommates would like to pay their rent with it.
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Security: My 2 roommates would like to pay their rent with it.
My landlord has failed to address various housing code violations at my apartment so he was brought to court by the Housing Department of Hoboken and did not show up. As a result, he has given my roommates every indication that he would not return their $4,500 security (I did not pay any security). Each month we pay $1,000 per person for rent ($3,000/month).My roommates would like to use their $4,500 security to pay their rent for the final 2 months of our lease. We are all on the same lease. Therefore, I will pay my roommates the $500 to make them flat and my landlord $1,500. Is this legal?
Asked on June 24, 2009 under Real Estate Law, New Jersey
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I think all three of you are a little bit ahead of yourselves here. If there are housing code violations, depending on just how serious they are, it's possible that you might be entitled to a rent abatement (reduction), especially at that rent level. You need to talk to an attorney about the whole situation. Two places you can look for counsel, among others, are the bar association's Lawyer Referral Service listed in your telephone book, and our website, http://attorneypages.com
In New Jersey, reporting your landlord to the housing inspector doesn't give him the right to refuse to return your security, not one penny. If a tenant's security deposit is withheld wrongfully, the tenant can get double the amount that should have been returned, plus attorney's fees, in a lawsuit. Of course, if part of the security has to be applied to unpaid rent, that part doesn't get doubled.
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