What damages can I seek if my landlord made me pay more then the legally allowed maximum for the security deposit?

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What damages can I seek if my landlord made me pay more then the legally allowed maximum for the security deposit?

Asked on July 18, 2011 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most States there are no laws setting forth the maximum amount for a tenant's security deposit allowed. Parties are free to negotiate and agree to the amount of the security deposit that is eventually agreed upon for a rented property.

Perhaps contacting the local landlord/tenant agency in your county for specific advice may help you find a more definite answer to your question.

Also, read the written lease that you have with your landlord about the amount of the security deposit to be placed by you assuming there is a written agreement. If the amount of the security deposit to be placed in the lease is greater than what you actually gave the landlord, there is a contract issue with the landlord. The landlord should be required to pay you back the excess immediately.

Good luck.

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