Walk It Through: The Deposit
A move out, a forwarding address in writing, 20 days of silence, and double the amount wrongly kept.
A tenant in Newark moves out at the end of a one year lease, with nail holes in the walls and a scuffed floor.
Two things a person in this spot might do. Picking one shows what the law says about it.
A deposit on an unfurnished apartment after a lease of a year. Pet deposits, surety bonds and a deposit kept for early termination are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Itemized list of damagesThe list of damages and repair costs a landlord sends within 20 days with any remaining deposit. Not sending it means no damages are owed.
- Justice of the Peace CourtThe court that hears contract and property claims up to $25,000, and landlord and tenant possession cases.
- Month to month tenancyThe term of a rental agreement with no stated term, ended by either side on at least 60 days' written notice.
- Security depositMoney held in escrow to cover damage beyond normal wear and tear and unpaid rent, capped at 1 month's rent on a lease of 1 year or more.