Using the deposit for the rent. NJ - Landlord Forum thread 359373

Using the deposit for the rent. NJ by ownernj on June 6, 2019 @21:33

From every indication, my tenant very likely would use all his security for his final his payment before he moves out.

For this kind of behavior, it sounds like we cannot do anything about. We knew they would do that, but cannot do anything about it.

Is that true?

Thanks for your advice!

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Re: Using the deposit for the rent. NJ by Garry on June 6, 2019 @22:19	[ Reply ]

It's false. You have the Tenant's deposit money. However, when you first rented to them, did you call it "Last Month's Rent", or just a security deposit? (is it in writing?) If it is not LMR, then the only way they can use it for LMR is if YOU AGREE TO IT, RIGHT NOW, IN WRITING. You should ALWAYS keep the sec.deposit until after a tenant moves out. Then you can use it for any unpaid rent, and any cleaning and damages they leave you. If they have decided to move, without paying you rent, give them the standard 3 day notice to pay rent, or quit. Then proceed to evict them if they don't pay it. Any costs to evict someone can also come out of the deposit.If a T wants to pay LMR ( or you request it), in advance when they first move in, then you should collect the LMR AND another amount that will be the separate security deposit.

Re: Using the deposit for the rent. NJ

Re: Using the deposit for the rent. NJ by lpadave on June 9, 2019 @16:25	[ Reply ]

I am not knowledgable on NJ LL / T laws Re the caricterization of last months rent in advance as to whether it is indeed considered rent or part of the security deposit. In many jurisdictions no matter what it is called it is in law,.....a security deposit. Check that in your specific locale. I believe, if it is indeed last months rent in advance, and was properly documented in your lease as such, AND proper and timely notice of intent to vacate was given, then it is last months rent in advance. In most jurisdictions, if tenant holds over beyond THEIR notice of THEIR intent to vacate, LL may be able to get double rent for holdover time. In my leases, I am very clear and specific, in multiple places in the lease that security deposit cannot be used or applied BY TENANT, as rent. I do not take "last month in advance"" In correspondence at the back end of the occupancy, while tenant is still in possession,...that fact is communicated again. The reality, is the tenant is going to do what they're going to do. If you believe they are going to be out on time as agreed,...AND your interim inspections have indicated good housekeeping and normal wear and tear conditions,..you're better off being calm and mellow, letting them vacate and then tally up conditions charges and proceed with billing them for any overages beyond remaining security deposit, after outstanding rent due has been deducted first Generally, regaining possession WITHOUT EXCESSIVE DAMAGE or tenant controlled delays is the LLs best path. See what your real, reasonable costs as chargeable are and then figure out what you want to do. You'll probably have to go after them in small claims or civil court,....not LL / T court for that money if they don't respond to your invoice. Don't be a wise guy with inflated charges and junk fees. Too many warriors on this and other sites believe that they are entitled to new carpeting throughout, for normal wear and tear stains and dirt that will clean up fine with a decent carpet cleaning company,....on cheap carpeting that was already way past its life, when the tenant moved in. This urinates tenants off,....and judges even more.