What is the law regarding the return of security deposits?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the law regarding the return of security deposits?

I received permission to paint the walls in my apartment before I moved in, however, I did not get it in writing. Can my landlord keep my security because she wants the walls painted back to white? Also, my landlord never gave me notice of which bank my security was deposited into. Further, I anever received any interest earned for the 2 years I’ve been here. I already given my 30 day notice and my rent is paid. Is my landlord required to pay me 7% interest for the past 2 years? What I am entitled to legally?

Asked on May 7, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As to the interest issue on your security deposit, you need to carefully read the presumed written lease that you have to determine if you are entitled to interest on it or not. Potentially your municipality may have some statute requiring payment of interest on security deposits by the landlord which you will need to look into.

As to where the security deposit was banked, you need to ask your landlord where it was placed.

As to interest on your security deposit, custom and practice is that the tenant does not get such until the end of the lease.

Assuming the landlord approved the painting of the walls of the rental by you, he or she should not be able to claim the costs of repainting such from your security deposit. Your security deposit is typically not due to be paid you until 21 to 45 days of move out by you under your state's statutes on the subject.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption