posted on May, 22 2019 @ 06:26 AM
My wife and I used to own a few rental properties when we lived in NJ, so my experience is based on those laws:
The maximum we were allowed to charge for a security deposit was 1.5 months rent. That deposit had to go into an interest bearing account and the
tenant notified of where it was being held within 30 days (most landlords didn't do this). I put it in my lease to simplify things.
Technically, the day after you miss your rent payment, an eviction could be filed. Depending on the town and court, that date could be set for 2
weeks or a month later. Most leases have clauses recouping the eviction expenses, so it's really no loss from the landlords perspective. Some file
them automatically, some never do it.
As far as the return of security deposit, I always took before and after pictures. From a tenants perspective, they think leaving behind furniture
and clothes and things they no longer want is no big deal and it should cost the landlord virtually nothing to get rid of those items. From the
landlords perspective, the carpet installed right before they moved in is usually trashed, and the unit will need to be painted. I would try to be as
fair as possible and itemize and provide pictures of anything I deducted for. Those itemization's have to be sent to the tenant within 30 days or in
NJ they can sue you for up to 3x the security deposit.
I have had great, good, bad and terrible tenants, just like there are great, good, bad and terrible landlords.
To the OP. If you feel you are entitled to all or most of the security deposit back, then fight the eviction. Good luck.
edit on 22-5-2019 by
peter_kandra because: fat-finger typos