Re: Rent and Security Deposit - Landlord Forum thread

Re: Rent and Security Deposit by Megan (NJ) on November 5, 2009 @16:31

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.

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Re: Rent and Security Deposit by OK-LL on November 5, 2009 @16:42	[ Reply ]
No to both questions. She must give the required notice and you do not have to accept using the deposit for rent -- what will you use if you find she has trashed the property -- THAT'S what the SD is for! And if the law says that rule doesn't apply to LLs with less than 4 units, why are you even considering it?

Re: Rent and Security Deposit by ARPRINCE (NJ) on November 5, 2009 @18:46

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This is only true if....
The law also says that if the landlord does not put the security money in a proper bank account, or does not give a proper written notice to the tenant every time the law says he or she has to then the tenant can give a written notice to the landlord telling the landlord to use the whole deposit (plus seven percent interest per year) to pay the tenant’s rent.

I am not familiar with the "less than 4 units law", can you site your reference?

Re: Rent and Security Deposit by ARPRINCE (NJ) on November 5, 2009 @18:58	[ Reply ]
One other thing about the notice.... This notice should be sent to the landlord by certified mail, return receipt requested, and you should keep a copy.