What can I do if I never recieved my security deposit back from when I was renting over a year ago?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What can I do if I never recieved my security deposit back from when I was renting over a year ago?

I received an itemized checklist of deductions that were never explained with no check. I wrote a letter to company and never got any word back.

Asked on January 28, 2016 under Real Estate Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends: if the security deposit was used to pay for unpaid rent (e.g. if you did not pay your last month's rent) or for damage you, your family, or guests did to the rental unit (but NOT for normal "wear and tear"--the landord cannot charge you for that), then he did not have to return money--the security deposit is there to pay for those things. However, if you were fully paid on rent and didn't do non-wear-and-tear damage, you should have had the entire deposit returned--and even if you owed the landlord some rent or for some damage, if the amount owed was less than the amount of the deposit, you should have had the balance returned. Because a failure to return a security deposit is considered a contract action (because it arises under the lease, whether it was a written or oral lease), you have 6 years to sue--that is, you're still in time to sue if you want. Suing in small claims court, pro se (or acting as your own attorney) is a good option for a missing security deposit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption