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Landlord Tenant
Can I recover my security deposit if my landlord rented illegally?

Can I recover my security deposit if my landlord rented illegally?

Full question:

I moved out in May 07 my landlord did not return my security deposit. When washing her sofa cusion covers two of them were torn in the washer (her washer), I sent a letter as well as several messages on her voicemail with no return correspondence. Now she refuses to return my security deposit. My landlord did not get a CO permit (cert. of occupancy) and refuses to return my security deposit can I request back all of the money paid to her being as though she was renting illegally? Am I responsible for the cushion covers? By law did she have to provide me with receipts for what she replaced (not fixed)?

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

Answer:

I cannot provide a legal opinion on the lease's validity. However, if you made payments, you may have waived your right to claim the lease was void. If the cushion covers were damaged due to your actions, you might be responsible for that damage. I recommend contacting your local housing or tenants' association, as regulations can vary by area. According to New Jersey law (N.J. Stat. § 46:8-19), a security deposit remains the property of the tenant and must be held in trust. The landlord must invest the security deposit in a proper account and notify the tenant about the account details within a specific timeframe. If the landlord fails to comply with these requirements, you may have the right to apply the security deposit plus interest toward your rent. If your landlord did not obtain a certificate of occupancy, this could affect the legality of the rental agreement. You may want to seek further legal advice on how to proceed.

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

Can a landlord ask for more money after moving out?

Generally, a landlord cannot ask for more money after you have moved out unless there are specific damages or unpaid rent outlined in the lease. If you owe for damages beyond normal wear and tear, the landlord may seek additional compensation. However, they must provide documentation of any claims, such as receipts for repairs. Always check your lease agreement for specific terms regarding security deposits and damages.

What happens if you never move into an apartment?

If you never move into an apartment, your obligations depend on the lease agreement. Typically, you may still be responsible for rent until the lease ends unless you formally terminate the lease. If you paid a security deposit, you may be entitled to its return, but this can vary based on state laws and the terms of your lease. Always review your lease and consult local laws for specific guidance.

What is the law on security deposits in California?

In California, landlords must return security deposits within 21 days after a tenant moves out. They can deduct for unpaid rent or damages beyond normal wear and tear, but they must provide an itemized statement of deductions. If the landlord fails to comply, tenants may have the right to sue for the return of the deposit. Always check the latest laws for updates and specific requirements.

Can landlord keep security deposit if I never moved in?

Generally, a landlord cannot keep your security deposit if you never moved in unless the lease specifies otherwise or you breached the lease terms. If you cancel the lease according to its terms, you should be entitled to a full refund. However, if you simply changed your mind, the landlord may retain part or all of the deposit. Review your lease and local laws for specific rights.

What is the law on security deposits in Massachusetts?

In Massachusetts, landlords must return security deposits within 30 days after a tenant moves out, along with an itemized list of any deductions for damages or unpaid rent. If the landlord does not comply, they may lose the right to keep any part of the deposit. It's important to understand your rights under state law and the terms of your lease.

Can I get a deposit back if I change my mind?

If you change your mind about renting an apartment, whether you can get your deposit back depends on the lease terms. If you cancel before moving in and the lease allows for it, you may get a full or partial refund. However, if the lease is binding and you simply decide not to move in, the landlord may keep the deposit. Always review your lease and consult local laws for clarity.