Rent and Security Deposit - Landlord Forum thread

Rent and Security Deposit by Megan (NJ) on November 5, 2009 @16:13

I subletted my apartment until the end of November. When I went to pick up November rent on Oct 31st, the tenant had left me a notice stating that since she did not believe she would get her security deposit back, she wanted it applied to November rent. (She believes I have spent her deposit because I said I wanted to walk through the apt after she left, and would not write her a check immediately when she turned in her keys). Can she request this on a day’s notice? If I take her to small claims court for the rent, will I have to return her security deposit?

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Re: Rent and Security Deposit by OK-LL on November 5, 2009 @16:15	[ Reply ]
Check your LL/T law -- in most states the SD may NOT be used for last month's rent and tenant must pay rent or you should post the P/Q notice (if required in your state) and evict her immediately. What she "believes" has no bearing on the proper procedure of paying rent and seeking SD within time allotted by law after move-out.

Re: Rent and Security Deposit by OK-LL on November 5, 2009 @16:20	[ Reply ]
Once you receive your judgment for possession and rent due, then you can apply the SD toward any rent/judgment, then damages and if she still owes you, bill her and take her back to court for that.

Re: Rent and Security Deposit by Megan (NJ) on November 5, 2009 @16:31	[ Reply ]
Our law says she can use it for rent, but she must give written notice 30 days before (which she didn't). However, this law also says it does not apply to landlords that have less than 4 units, which would be me. I am just unsure as to whether that translates to me not being legally required to accept her deposit as payment, or her not being legally required to give 30 days notice.

Re: Rent and Security Deposit