Mahwah, NJ asked in Contracts, Landlord - Tenant and Real Estate Law for New Jersey

Q: My sister died. She had a security deposit of $1600. The landlord says she broke the lease and he will be keeping it.

The reasons is lost revenue from the lease. I met the neighbor who said he wants to move his father into my sister old apartment. If that is the case I don't think landlord would be able to claim lost revenue.

Landlord offered $500 as a consolation. Do I take it? Not? Do I fight this?

2 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Brooklyn, NY
  • Licensed in New Jersey

A: Retain an experienced landlord tenant attorney and fight this.

Jubilo Lopes Afonso
Jubilo Lopes Afonso
Answered
  • Elizabeth, NJ
  • Licensed in New Jersey

A: I'm not sure what you mean when you say the reason is "lost lease." If she continued to have a lease when she died, and still had more time left on the lease, then her estate is still responsible for those months. That being said he would be allowed to retain the security deposit to compensate him for those lost months and could still bring an action against the estate for any lost rents until the lease is completed.

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