If my previous landlord refuses to pay us our security deposit because we didn’t give him 30 days notice, canI sue him for it?

UPDATED: Feb 28, 2012

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If my previous landlord refuses to pay us our security deposit because we didn’t give him 30 days notice, canI sue him for it?

We had a recurring dispute with our downstairs neighbor, which we notified our landlord on the second of jan. after we paid him that months rent, that if he didn’t take care of the dispute that we were going to move. He chose not to call us back and we started looking, we found a house and moved on the first of this month. We notified him on the 11th of the preceeding month that we were moving. He asked us to stay til the summer and would take off $200 off the rent, we said no. Now he says that we didn’t give him any deposit and that we didn’t give him 30 days notice I have the receipts. Can i sue him for the remainder of my deposit?

Asked on February 28, 2012 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your landlord is required to return your security deposit within so many days of move out under your state law if there are no damages to your former rental. A security deposit is to cover for damages and not a former tenant's failure to supposedly give a 30 day notice to terminate.

From what you have written you seem to have a legal and factual basis to bring an action against you former landlord for the balance of your security deposit not returned to you.



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