Please Advise in NJ

[PaoJm83]

Well, I'll try to make it short and sweet.

I moved into a basement and signed a lease for 1025 a month. The apt. was nice but it was humid and had a lot of spiders. I spoke with my landlady and told her that I wanted to move, she said fine as long as I wait for another tenant to move in she would return my deposit. On the 3rd of the month she called and she said we needed to move becuase another person would be taking the apartment. We immediately moved out that same day. A couple of weeks went by and she said that the new tenants had signed the lease but hadn't given her the full security deposit and would once the new tenant's former landlord returned their deposit. She agreed to this and told us that once she receives the security from the new tenant she would return our money. A couple of weeks went by and we received a letter that we had done a breach of contract and that she would not be giving us our deposit back. We spoke to her once again and she agreed she would return only a portion of the deposit because the new tenants hadnt moved in til the 15th of the month. Now she went back to saying she is not going to return the deposit. Do I have a case if I file a claim in small claims court? Would I win?

PS The apt to my understandin could not be reneted for more than 800 since its a basement ---- true?

I also found out that the apartment was not registered.

Please advise!!!

[elklaw]

By the time you file in court, you probably won't get anything so as a practical matter you may have a case, but by the time you pursue it, it is not really worth what you would get in all likelihood. Still, if it is a big deal, consult a local attorney for their take on things.