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

Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1 month rent, Realtor fees

Upon arriving at the meeting to sign, the landlord presented me with an addendum stating that if I agreed to pay the fees due, as well as pay the last TWO months of rent up front, then we would move forward. I told her I would need time to get the funds but despite my hesitation I signed it. She was adamant about this document NOT being included in the lease, that it was separate. however my real estate agent included it anyway because I signed it. So lease was signed, checks were given. (Pending the additional) I was speaking with a friend who said what she did was illegal. That they can’t ask for more then 1.5 months security deposit, regardless of how it’s labeled. Is this true?

2 Lawyer Answers
Matthew Schutz
Matthew Schutz
Answered
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing. Say you needed in order to borrow it from a friend. See what he says. Normally I would tell you to just avoid this landlord completely because he will no doubt give you trouble at the end of the tenancy.

Morris Leo Greb
Morris Leo Greb
Answered
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: A landlord can only charge 1.5 month's rent as a security deposit plus the first month's rent. The security deposit must be placed in an escrow account at a bank. Be sure to also get a Smoke Detector Certification issued by the municipality that there are a working smoke detector, a co2, and fire extinguisher present in the unit.

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