Security deposit

[dawn2668]

What is the name of your state (only U.S. law)? NJ

In February 2010 I moved into an apartment with my now ex-fiance located in Irvington, NJ. June 27, 2010, I had to move out because of the harassment and threats I was receiving from my ex. I did inform the landlord approximately 2 weeks earlier that I would have to move out because the ex kept kicking down the apartment door. Law enforcement was able to do absolutely nothing. I have a restraining order that means nothing because they cannot find my ex to serve him. I have sent 1 letter to my landlord looking for my security deposit back and have heard nothing. I'm thinking of sending a second letter, certified mail. What other legal recourse do I have, or do I have a leg to stand on?

 

[alex468]

Unless you have a different agreement in writing, you needed to give your landlord at least 30 days notice. Two weeks isn't enough. If the landlord was able to rent out the place for July then you have a good legal leg to stand on. Your landlord can't deduct rent from your security and also collect rent from someone else.

Otherwise, you probably don't have much of a case. In fact, if you signed a lease and the place is still without a tenant then your landlord may have a claim against you for the additional rent you promised to pay for the months beyond July. Additional complications arise if both you and your ex were on the lease or the security was paid jointly.

It's a shame what your ex is putting you through, but does it seem fair to you for your landlord to pay for it?