Security Problem

[miltrans]

My daughter has lived with two other girls for the past few years in an apartment. The lease has all three signatures and each has provided their portion of the security deposit. A few months before the lease expired, my daughter gave notice that she wanted to move. The landlord said that the security they're holding stays in tact and that whoever moves in has to give my daughter her share of the security. The two other girls are balking and my daughter is afraid that if one of them brings a friend in, she'll never get her security back. The question I have is, can a landlord just decide to have security work that way or does the landlord have to treat each of the signers of the lease acccording to NJ tenant law (in which case, the landlord must return the security)? Thanking you in advance......

[Eagle]

A lot may depend on how the lease is written. Do you have a copy of the lease? Generally, if there is a single lease between landlord and tenants then there is one single security deposit, not 3 separate deposits. Most likely the landlord is correct and the tenants must resolve the security deposit issue among themselves.

[miltrans]

Yes, there is one lease with three signatures. I understand what you are saying, but I'm still looking for something that will compel the new tenant to give their share of the security to the old tenant if it is not done willingly. The new tenant has to sign the lease which says a full month's rent is required as security, but the landlord already has the total amount so he doesn't care if the old tenant gets it back or not. Following what you state, the old tenant will get their security back only if the new tenant is willing to give it to them. And if they aren't....tough luck! So if we had to go to court, who would we take, the landlord or the new tenant? If the landlord isn't required to refund the security and if the new tenant doesn't have to refund it if he doesn't want to, is there any case at all for the old tenant?

[Eagle]

Are the other tenants willing to settle the matter with your daughter and give the the sucurity back or are they giving her a hard time? The new tenant "should" give money to your daughter for the full amount of the security deposit. If the new tenant does not then you can threaten to bring a criminal complaint in municipal court for theft against the new tenant.

[miltrans]

The old roommates are pretty much ignoring her, taking the position that it's not their concern. There is no new tenant yet, by the way. But, if, as you said before, the landlord is correct and the tenants must resolve the security deposit issue amongst themselves, on what basis can my daughter go to court? I'd be very surprised if there's a law that states a new tenant must give the old tenant security (especially since the landlord is not demanding anything). The way it SHOULD work is that the landlord gives the old tenant back their portion of the security and then demands and receives the new tenant's security as part of their signing of the lease. I really don't understand how a landlord can just pass responsibility for returning the security deposit to anyone else at the end of a lease. I would imagine this has happened a number of times before somewhere in the State of New Jersey, but I don't have the wherewithal to do the research to see what the courts said.

[Eagle]

You have to wait until there is a new tenant to take any action. At that point I would contact the landlord and make sure the new tenant's name is on the lease. When that happens the 1/3 security that your daughter had with the landlord should now be the security for the new tenant. The new tenant now owes your daughter the amount of that security. Write new tenant a letter explaining the situation. If you get no response then you can proceed in court different ways. You can file complaint in small claims court against new tenant using the theories of unjust enrichment and conversion. If you want to be real nasty you can file criminal complaint in municipal court for theft and/or conversion.

There is no NJ Statute that directly addresses this situation so you must rely on comman law legal theories for relief. You can rely on the legal doctrines of unjust enrichment and conversion.

When you go to court bring copy of lease and copy of letter you wrote new tenant explaining the security situation. There isn't a judge in the entire counrty that you rule against your daughter, and allow the new tenant a free sucurity deposit, after viewing all the evidence.

[miltrans]

Thank You Eagle! You've been great!!