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Can a landlord withhold a security deposit after agreeing to end a lease early?

Can a landlord withhold a security deposit after agreeing to end a lease early?

Full question:

After lots of issues regarding the quality of the apartment and his inaction resolving those issues, the landlord informed me he was going to sell the apartment. When he informed me of such, I informed him that we would begin looking for a new apartment. We found a new apartment and gave the landlord over 2.5 months notice. He was fine with this and never mentioned anything about withholding the deposit. We've vacated the apartment and moved into a new apartment. The landlord, now 18 days after the apartment was vacated, is telling me that he is going to withhold a significant portion of the security deposit. All of the reasons (with the exception of 1 minor one agreed to) were not mentioned during the final walk-through the day of vacating. So. 1. The landlord agreed to let us out of the lease early but is now claiming that we broke the lease and he never agreed to 'let us out of it.' Are there laws protecting tenants or allowing termination of a lease if a place is being sold? He may try and make us liable for the two months unoccupied, but he has not tried to re-rent the place. 2. Is he bound to the verbal agreement during the final walk-through?

Category: Landlord Tenant
Subcategory: Verbal Lease
Date: 04/07/2025
State: New Jersey

Answer:

Tenants typically remain responsible for their lease obligations even if the property is sold, unless the lease states otherwise. For more information, users can search for state-specific legal templates at . In New Jersey, a landlord must return the security deposit within thirty days after the lease ends, minus any agreed-upon deductions (N.J. Stat. § 46:8-21.1). The landlord must provide an itemized list of any deductions and notify the tenant by mail. If the landlord fails to return the deposit on time, they may face penalties for withholding it improperly.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How hard is it to sue an apartment complex?

Suing an apartment complex can be challenging. You must prove that the complex violated your rights or breached the lease agreement. This often requires evidence, such as documents or witness testimonies. Depending on the case, you may need to navigate local laws and court procedures. It’s advisable to consult with an attorney to assess the strength of your case and understand the legal process involved. Keep in mind that many disputes can be resolved through negotiation or mediation, which may be less complicated than litigation.

What is the most common action taken by landlords against tenants in breach of contract?

The most common action landlords take against tenants in breach of contract is to file for eviction. This occurs when tenants fail to pay rent or violate lease terms. Landlords may also seek to recover unpaid rent or damages through small claims court. In some cases, they may withhold the security deposit to cover losses. It's important for tenants to understand their rights and seek legal advice if they face eviction or other actions from their landlord.

Can I sue my apartment complex for maintenance?

Yes, you can sue your apartment complex for maintenance issues if they fail to address significant problems that affect your living conditions. This may include issues like lack of heat, water leaks, or pest infestations. Before suing, it's advisable to document all communication with the landlord and give them a reasonable chance to make repairs. If they still do not respond, you may need to seek legal advice to understand your options and the potential for a lawsuit.

Can you sue an apartment complex for maintenance issues?

Yes, you can sue an apartment complex for maintenance issues if they neglect necessary repairs that violate health and safety standards. Common grounds for a lawsuit include failure to fix plumbing problems, heating issues, or mold. Documenting your requests for repairs and any correspondence with the landlord is crucial. If the landlord does not respond adequately, consider consulting an attorney to explore your legal options and determine the best course of action.

How do I sue an apartment complex for negligence?

To sue an apartment complex for negligence, you must demonstrate that the landlord failed to maintain the property, leading to harm or damage. This involves proving that the landlord had a duty to keep the premises safe, breached that duty, and that the breach caused your injury or loss. Gather evidence, such as photographs and repair requests, and consider consulting with an attorney to guide you through the legal process and help build your case.

What is considered negligence by a landlord?

Negligence by a landlord typically involves failing to provide a safe and habitable living environment. This can include ignoring maintenance requests, not addressing safety hazards, or violating health codes. Examples include failing to repair broken locks, leaking roofs, or hazardous electrical issues. If a tenant is harmed due to the landlord's negligence, they may have grounds for legal action. It's important to document any issues and seek legal advice if necessary.