Current Tenant and too much security deposit

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Current Tenant and too much security deposit - NJ

James T

started a topic over 9 years ago

Our tenant paid a pet deposit of $400 in 2009. Now we know that she no longer has a pet. She does owe us $370 is past sewer charges that are part of her yearly lease. We are in the process of renewing her lease now with a small rent increase that could mean $112 of the pet deposit are converted to the normal security deposit. Question: Can we apply the remaining $288 excess pet deposit to the outstanding sewer charges she owes or do we have to return the excess to her and hope she pays us the outstanding amount? Do we need her written permission to apply the excess to amounts owed? Also, if we can apply it to the amount owed us, can we put this in the new lease as a sort of accounting of the security deposit or should it be done with a totally separate document? Thank you.

1 Comment

Derrick D

said over 9 years ago

Pet deposits should be non-refundable charges not security deposits so you should be able to use that money however you would like. If they owe you sewer charges you should collect that from them. This must all be stated in the lease and if it is refundable you must return it once they lease the property or end the contract. State everything directly and clearly in the lease if you are writing a new one or a renewal so that there is no confusion at all.