November 29, 2011:

Joshua N. Garick assisted class counsel in a lawsuit filed against one of the largest residential landlords in the country who charged an “amenity fee” at the beginning of a lease. Under the Security Deposit Statute, a landlord may only charge the following fees at, or prior to, the commencement of any lease: (1) first month’s rent; (2) last month’s rent; (3) an amount to change a lock and key; and (4) a security deposit. Ruling in favor of the class, a Federal Court Judge held that the amenity fee was not one of these four allowable charges.

The Security Deposit Statute clearly articulates what a landlord can and cannot do when leasing a property to a tenant.  The statute is lengthy and often overlooked by amateur – and in this case professional – landlords.  The landlord/tenant practice at the Law Offices of Joshua N. Garick, P.C. focuses on compliance with the law.  Whether you are a landlord looking for advice on how to structure a lawful tenancy, or you are a tenant who has been the victim of an unlawful practice, we are here to help.