Security Deposit Rules : ezLandlordForms

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Maria J

started a topic over 12 years ago

Hi. My property is in NJ. My tenant is breaking the lease five months early and moving back to India. He left yesterday, and I noticed some damage. The blinds in the kitchen are broken. He melted a hole in the laminate countertop. And parts of the walls and radiators had chipped paint and brown stains on them. Can I legally deduct the following from his deposit: 1. Cost of replacing the countertop (it's too damaged to be repaired). 2. Cost of cleaning service. 3. Cost of new blinds (which were in working order when he moved in). 4. Cost to execute a lease for a new tenant. Thanks for any advice.

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Molly H

said over 12 years ago

You can use the deposit on damage done to the apartment by the tenant, this does not include normal wear and tear.

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Maria J

said over 12 years ago

Thanks, Molly. Since he broke the lease, can I use deduct the cost of the new lease ($60) from his deposit as well?

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Bob R

said over 12 years ago

You probably can deduct the cost of finding a new tenant, such as advertising, and rent for days that the property is vacant. However, you must not drag the vacancy time just to charge them rent. You could have also deducted a penalty cost (such as 1/2 months rent) for breaking lease provided the local/state laws allow and it's in your agreement.