Security: My 2 roommates would like to pay their rent with it.

Get Legal Help Today

 Secured with SHA-256 Encryption

Security: My 2 roommates would like to pay their rent with it.

My landlord has failed to address various housing code violations at my apartment so he was brought to court by the Housing Department of Hoboken and did not show up. As a result, he has given my roommates every indication that he would not return their $4,500 security (I did not pay any security). Each month we pay $1,000 per person for rent ($3,000/month).My roommates would like to use their $4,500 security to pay their rent for the final 2 months of our lease. We are all on the same lease. Therefore, I will pay my roommates the $500 to make them flat and my landlord $1,500. Is this legal?

Asked on June 24, 2009 under Real Estate Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I think all three of you are a little bit ahead of yourselves here.  If there are housing code violations, depending on just how serious they are, it's possible that you might be entitled to a rent abatement (reduction), especially at that rent level.  You need to talk to an attorney about the whole situation.  Two places you can look for counsel, among others, are the bar association's Lawyer Referral Service listed in your telephone book, and our website, http://attorneypages.com

In New Jersey, reporting your landlord to the housing inspector doesn't give him the right to refuse to return your security, not one penny.  If a tenant's security deposit is withheld wrongfully, the tenant can get double the amount that should have been returned, plus attorney's fees, in a lawsuit.  Of course, if part of the security has to be applied to unpaid rent, that part doesn't get doubled.


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