New Jersey Complaint for Return of Deposit Under Real Estate Contract
What is this form?
The Complaint for Return of Deposit Under Real Estate Contract is a legal document used by a plaintiff to seek the return of a deposit paid under a real estate purchase agreement. This form is specifically designed to address cases of breach of contract, breach of the covenant of good faith and fair dealing, and unjust enrichment. Unlike standard complaint forms, this one focuses on the real estate context, enabling the plaintiff to detail specific issues related to the transaction and seek remedies through the court system.
Jurisdiction-specific notes
This form complies with legal standards applicable in New Jersey, where specific procedural rules regarding the filing of complaints may differ. Ensure that any relevant state laws regarding real estate contracts and breach of contract claims are reviewed before submission.
When to use this document
This form should be used when a party (the plaintiff) has made a deposit as part of a real estate purchase agreement and the other party (the defendant) has failed to fulfill their contractual obligations. It is appropriate to file this complaint when the plaintiff has faced issues such as failure to repair property, refusal to return the deposit, or breaches that make closing impossible. It gives the plaintiff a legal pathway to recover their funds and potentially seek additional damages.
Who this form is for
This form is intended for:
- Homebuyers who have paid a deposit for a property but are unable to complete the purchase due to seller non-compliance.
- Real estate agents who need to assist clients in resolving disputes pertaining to deposits.
- Attorneys representing plaintiffs in real estate contract disputes.
Instructions for completing this form
- Identify all parties involved in the transaction, including plaintiffs and defendants.
- Clearly state the date the real estate contract was executed and the details of the deposit paid.
- Detail the specific breaches of contract by the defendants, including any damages incurred.
- Specify the relief sought, including the return of the deposit and any additional damages or fees.
- Sign and date the complaint in the designated areas.
Does this form need to be notarized?
This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.
Common mistakes to avoid
- Failing to provide complete and accurate information about the parties involved.
- Incorrectly stating the terms of the contract or the nature of the breaches.
- Omitting key details about damages incurred or restitution sought.
- Not filing the complaint within the required time frame.
Advantages of online completion
- Convenient access to professionally drafted legal templates.
- Editable format to tailor the complaint to fit individual circumstances.
- Quick download for immediate use, saving time on legal preparation.
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FAQ
Keeping security deposits in interest-bearing accounts is not required; however, if the account is interest bearing, interest earned during the first five years of the tenancy goes to the landlord and thereafter to the tenant.
Notice to Terminate the Lease A month-to-month tenant must give written notice of lease termination at least one full month prior to moving. Most yearly leases require a 60 to 90 day notice from the tenants in order to terminate the lease.
A landlord must have good cause to evict a tenant.Each cause, except for nonpayment of rent, must be described in detail by the landlord in a written notice to the tenant. A Notice to Quit is required for all good cause evictions, except for an eviction for nonpayment of rent.
A landlord should keep accurate accounting records related to a rental business, including the tenant security deposit. Again, many states have rules about how to handle the money. Some of them require the landlord to keep the tenant security deposit with a local bank in an interest-bearing account.
The landlord is required to pay the tenant the interest or the earnings generated on their security deposit annually. If the tenant wishes, they can have this amount credited toward their next month's rent instead.
They don't have to give you any reasons why they want to evict you. They have to give you at least 28 days notice, but this could be longer depending on your agreement. If you don't leave by the time your notice ends, your landlord has to go to court to get a court order to make you leave.
Late last week, Governor Phil Murphy signed Executive Order #128 that allows tenants to use funds that are being held as a security deposit to pay their monthly rent.The Order does not contain any exceptions for those with higher incomes and applies to any residential tenant that has a lease agreement in place.
All states allow landlords to collect a security deposit when a tenant moves in and hold it until the tenant leaves. The general purpose of a security deposit is to assure that a tenant pays rent when due and keeps the rental unit in good condition.
Under New Jersey law, a landlord must return the tenant's security deposit within 30 days after the tenant has surrendered the rental property to the landlord (that is, returned the keys and vacated the property), but within five days in case of fire, flood, condemnation, or evacuation.
