What happens if my landlord doesn’t have my security deposit ?

Anonymous

Sue in small claims court. NJ law .. your security deposit has to be kept in an interest bearing account.

Anonymous

I answered the legal way to handle this, but then I read your INSULTING RESPONSES to people who were just trying to help you. SO I deleted my answer and FLAGGED YOU.

Lolly

Mail the move out notice with forwarding address using Certified Mail, Return Receipt Requested (go to the post office for this, one white and one green form). Then you would have to sue him in small claims court. But you can't get blood out of a stone.

StephenWeinstein

First, bend down at the door and smell. There's a remote possibility that the reason the note is still there is that he died in his home. If it smells like there is a dead person on the other side of the door, call the police. Assuming that this is not the situation, the next question is whether you want to sue him. Some considerations include (1) it's difficult or impossible or expensive to do from out of state, (2) if he has no money, then even if you win, you still won't get any money.

Simply

SO NOW YOU ARE CHANGING YOUR STORY THAT YOU SLIPPED A NOTE.....but not until after your original q where you indicated you DID NOT TELL HIM (in any way/at all) because you didn't see him. you will not be credible in court. perjury is a criminal offense Every indication is that you are LYING about the note. you do NOT necessarily need a certified mail return receipt from USPS. after all, LL can refuse to sign. there are various ways to show delivery of a letter including a pic of it posted on the door combined with the rejected text showing the attempt. do you have a computer file showing the letter was created by 2/1? you repeatedly falsely accused people of claiming you did not pay rent when no one said that. you claimed the answer telling you that you need to come back to NJ to sue did not answer your question of "What do I do ?" a judge won't put up with your nonsense and won't believe you slipped a note under the door without some type of proof. it would not matter if the LL was away and did not get it right away...that is his problem. and don't try to make an issue of it being in an interest bearing account, so the LL will have to pay a buck out of pocket because he failed to put it in an account...and some landlords might be exempt from that (they are in some states when only renting a room)...I'd have to look up NJ

Slumlord

First off get him the message that you are leaving and do this ASAP. Tell him that you put notice under his door 30 days in advance and have tried calling. This being the case you should be ok with the notice requirements even though it is less than 30 days now. About the security deposit he typically has to refund it or send you notice about where it went (though the laws could be different in NJ). You have to give him time (per state law usually 30-60 days) to refund the deposit or send you notice where if went but if he fails to do that then you have to take him to court to get the money back. If he doesn't refund the deposit and you can't make it back to NJ to take him to court then you are going to have to kiss that money good-bye, hopefully he will refund it like most landlords do.

Maxi

You need to give one months notice in writing AND legally you need to be able to prove you have done that as courts do not take your word that you slipped a note under his door...so the reality is he has not got your notice and you can't prove in court you gave one....... so you will lose your deposit because it will pay for the next months rent, So getting it back you would need to sue in court and prove to the court first using the receipt you have for the deposit you paid and a copy of your letter of notice to leave and a mail reciept showing he signed for the letter, so recieved it..... without that you will lose in court

USAFisnumber1

Unless you and your room mate signed a lease where each of you were responsible for half of the rent then you are pretty much screwed. Without it being clear that you were dividing the costs and the landlord was OK with it, you are considered to be joint tenants and are equally responsible for all the costs. That means as long as your roommate is living there both of you will still be responsible for the rent and you DO NOT get your security deposit back when just one of you leaves, even if you paid 50 50. So bottom line, if your lease does not show you clearly were only responsible for half, you do not get your money back.

No Mercy

if u haven't informed him 30 days in advance your security deposit will be covering the next month rent. how do u contact him? u WRITE him a letter, put a stamp on it and MAIL T to him. this is how