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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I recently moved out of my apartment in Hoboken, nj and I

Customer Question

I recently moved out of my apartment in Hoboken, nj and I believe my landlord unfairly took part of our security deposit. We signed a 1 year lease on 12/01/12 which ended on 11/30/13. After the end date our landlord never had us sign another agreement, we just continued to pay rent and lived there for 2 more years. We moved out at the end of February and told the landlord this at the beginning of February. She kept half a months rent from our security because she claims we didn't give sufficient notice. I don't understand that since we had no written agreement after the lease expired. do I have a right to fight for that money back?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you.

Did your original written lease state that it would continue as a month to month if no new lease was signed?

Customer: replied 1 year ago.
No it did not
Customer: replied 1 year ago.
Do I have a case?
Expert:  MDLawyer replied 1 year ago.

If we go by the assumption that there is no written lease, that means that you were a month to month tenant by default and in New Jersey, you would be required to give 30 days notice before moving out. If you gave less than 30 days written notice, your landlord would be entitled to keep an additional month's rent. If she only kept 1/2 a month rent, you would have no legal basis upon which to get that money back under New Jersey law.