If you haven't done so already, check to confirm that your security deposit is actually where they say it is supposed to be!!
Chances are you'll find out like I did that it's not...the Bank Address given DOESN'T EXIST!!! call bank of America (800-432-1000) if you don't believe me.
Also, read this exerpt of the NJ Tenant Laws which pertains to the security deposit and your rights as a tenant.
It requires the landlord to give WRITTEN documentation of where the deposit is held within 30 days of deposit, the account # and bank location, the amount of interest being paid, etc. NONE OF WHICH HAS BEEN PROVIDED.
In fact, they're STILL telling us the information is CORRECT.
Cut and paste this link into your browser for more info...
The Rent Security Deposit Act requires the landlord to put your security deposit in a separate bank account that pays interest. The landlord must tell you in writing the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of account, and the current interest rate for that account.
The security deposit law says that this notice has to be given to the tenant in writing within 30 days after the tenant gives the deposit to the landlord. The law says that the landlord must also give the notice not just within 30 days of getting it from the tenant, but every year at the time the landlord pays the interest to the tenant (see Interest on your security deposit). And a new landlord must also give the notice within 30 days of buying the property. The notice must be given to the tenant within 30 days after the landlord has moved the deposit from one bank to another, or from one bank account to another (unless the change in the bank or account takes place less than two months before the annual interest payment). Finally, the law required all landlords to give their tenants a new noticetelling them where the deposit is, how much it is, and how much interest it is earningby the end of January 2004. Cite: N.J.S.A. 46:8-19(c).
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Your right to use the security deposit as rent
The law also says that if the landlord does not put the security money in a proper bank account, or does not give a proper written notice to the tenant every time the law says he or she has to, then the tenant can give a written notice to the landlord telling the landlord to use the whole deposit (plus seven percent interest per year) to pay the tenant's rent. (But be sure to read the next paragraph, which talks about a special situation.) This notice should be sent to the landlord by certified mail, return receipt requested, and you should keep a copy. The money can be used to pay future rent or any back rent the tenant owes. Once a tenant legally tells the landlord to use the security deposit as rent, the landlord can't ask the tenant for another deposit as long as the tenant lives in the apartment or house. Cite: N.J.S.A. 46:8-19(c); Delmat v. Kahn, 147 N.J. Super. 293 (App. Div. 1977).
Note: There are two exceptions to the rights described in the paragraph above.
If a landlord does not obey the law that says he or she must pay the interest on the security deposit every year (or if the landlord does not use the interest to pay part of the tenant's rent), or
If the landlord does not give a notice about the deposit to the tenant every year,
the tenant can use the deposit to pay past or future rent due. But before the tenant can do this, the tenant must give or send the landlord a letter giving the landlord 30 days to pay the interest or give the annual notice. (This notice should also be sent by certified mail, return receipt requested, and you should keep a copy.) Cite: N.J.S.A. 46:8-19(c).
Englewood, New Jersey