Hi u/Training-Basket2058, thanks for getting back. Can you please cite a law that requires landlords to return the security deposit within 30 days?

The only law I could find is the 46:8-19 Rent Security Act, but it doesn't apply to owner-occupied properties unless the tenant invokes it by providing a 30-day notice to invoke it.

I agree with you. I accept that I left the couch and would have happily paid for it if he had just charged for that (even though he acted nice and said he will take care of it and assured me not to worry about it). But all those other bullshit charges are outrageous.

u/potatochipsfox

Lol. I double-checked the lease and it says, "The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.).". Now how does it look? The Rent Security Law says it won't apply to owner-occupied properties unless asked in writing. Does he saying he will comply trigger it or does it mean I still needed to trigger it?

Thanks. I am wondering if he can argue that he had to clean after taking apart the couch.

u/noticethinkingdoggos Thanks for the explanation. Is 77 days a "reasonable" time? What is your personal opinion/suggestion here?

u/noticethinkingdoggos Thanks for your detailed response. Really appreciate it.

Regarding owner-occupied properties, I just re-read the lease, it says

"6. Security Deposit. The Tenants have deposited two thousand two hundred fifty dollars ($2,250.00) with the Landlord as security that the Tenants will comply with all the terms of this Lease. If the Tenants comply with the terms of this Lease, the Landlord will return this deposit within thirty (30) days of the Termination Date, including any extension, less any amounts used to pay for damages resulting from Tenants’ occupancy, if any. The Landlord may use as much of the deposit as necessary to pay for damages resulting from the Tenants’ occupancy at any time, and demand that Tenants replace the amount of the security deposit used by Landlord. The Security Deposit is not to be used by the Tenants for the payment of Rent without the Landlord’s written consent. Tenants hereby specifically waive any right or protection they may have with respect to the Security Deposit pursuant to any executive order, law, rule, regulation or otherwise which is contrary to or in conflict with the provisions of this Lease. If the Landlord sells the property, the Landlord shall transfer the deposit to the new owners for the Tenants’ benefit and notify the Tenants. The Landlord will then be released of all liability to return the security deposit. The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.)."

I don't understand what "Tenants hereby specifically waive any right or protection they may have with respect to the Security Deposit pursuant to any executive order, law, rule, regulation or otherwise which is contrary to or in conflict with the provisions of this Lease." means. Can you please explain if I just waived my right to sue?

Also, it says " The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.)." I am not sure what "et seq" means here.

If the security deposit law does not apply for owner-occupied, does it mean the landlord is not required to return the deposit within 30 days or does it mean I can sue but would only get back 1x instead of 2x back?

"As far as failing to itemize within 30 days - this is irrelevant, there is no practical penalty under the law." So what is the point of the law if there is no penalty?

>This

Thanks!

>The apartment cleaning and new tenant rent charges may not be legal. Look for organizations that help tenants. They’ll know more about this then we will

Thanks!

The point is, I agree there may have been misunderstandings so I'm willing to pay for half the cost he is charging me. But does that relieve him from returning the deposit/itemized deductions after 75 days?

The point is, I agree there may have been misunderstandings so I'm willing to pay for half the cost he is charging me. But does that relieve him from returning the deposit/itemized deductions after 75 days?

The point is, I agree there may have been misunderstandings so I'm willing to pay for half the cost he is charging me. But does that relieve him from returning the deposit/itemized deductions after 75 days?

He didn't say specifically for free. We brought it in through the backyard because it wasn't fitting through the front door. Eventually, the owner completely filled the backyard with his things making it impossible to move it. We had requested him a week before moving to clear his things so that we could take the couch out which he didn't do. We also had construction work going next door which had caused issues and he specifically said that the construction guys owe him favors so he will have them take care of it and we need not worry about it. This is why I assumed we wouldn't be charging for it.

Even though they took more than 75 days to provide itemized deductions?

Thanks. While I agree that the couch is my responsibility. However, I've mentioned in the original post, the landlord not only agreed but assured me that he will take care of it and I need not worry about it. Later he flipped and charged me for all these expenses. Hence the question about returning the deposit after 75 days.

Thanks. While I agree that the couch and paint are my responsibility. However, I've mentioned in the original post, the landlord not only agreed but assured me that he will take care of it and I need not worry about it. Later he flipped and charged me for all these expenses. Hence the question about returning the deposit after 75 days.

>I’ll get back to you tomorrow but look up landlord tenant law and truth in renting that you should have received when you signed your lease

Hi, thanks for replying. I did not receive the truth in renting document from the landlord when we signed the lease. I'll check with my GF once again tomorrow in case it's only on her email and I wasn't CC'd on it. However, the lease does not mention "Acknowledgement of Truth in Renting".

Anyways the document says as per TRUTH-IN-RENTING ACT N.J.S.A. 46:8-43 through 50, "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at least 1 month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests."

The Rent Security Law (N.J.S.A. 48:6-19) also states "The Security Deposit Law applies to most residential rental properties, including mobile homes. The exception is an owner-occupied two-, or three-family dwelling. A tenant in an owner-occupied two-, or three-family dwelling may, however, make this provision applicable to their tenancy 30 days after sending a written request to the landlord that the landlord fulfills the requirements of the Security Deposit Law." Since my apartment was owner-occupied, I'm not sure if the entire act is exempt or certain sections of it are exempt. But the lease does mention "The Landlord will fully comply with the Rent Security Law (N.J.S.A. 48:6-19 et seq.).".

Due to these, I'm curious about what special privileges owner-occupied landlords have that make them exempt from these laws and what rights tenants have in this situation.

I also want to know that since I did technically stay for 9 hours after the lease ended, does that mean I owe him the entire month rent and will that take precedence over him refusing to return the security deposit/itemized deductions within 30 days.