Re: Using the deposit for the rent. NJ - Landlord Forum thread 359374

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

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.

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Re: Using the deposit for the rent. NJ by ownernj on June 7, 2019 @18:14	[ Reply ]

I know it is false. The leas clearly stated that the security deposit cannot be used for LMR. My concern is that if they did any way, we will not have any way to counter that. If I give them a month notice, and they then stop paying me, and claim to use the deposit for their LMR, we will have no way to prevent them from doing that. If I go through the eviction process, it'd be too late to evict them. your advice?

Re: Using the deposit for the rent. NJ by Garry on June 7, 2019 @22:00	[ Reply ]

You are not thinking this thru correctly. Your tenants owe you rent EVERY month, until they actually move out. Even if they give you a 30 day notice that they are moving, they still owe you the rent for that month that those 30 days cover. YOU give them the standard 3 day notice to pay rent or quit, EVERY MONTH that they have not paid the rent. You STILL proceed with the eviction process, even if they gave you a 30 day notice that they are moving. And, yes, you may not even be into court yet, by the time they have actually moved out, BUT, you still need to follow thru with the process, because it is based on their NONPAYMENT OF RENT, which happened several weeks back, not on their 30 day notice to you that they are moving. They are two separate things. You can't "counter" anything. All you can do is follow the laws regarding nonpayment of rent. Even if YOU give THEM a 30 day notice to move, you still need to collect rent for that month, and if they don't pay it, then you give them the 3 day notice. Remember, they are not out, til they're OUT------regardless of how they got out-----either on their own, or by force thru the court system.