DisputeKit / New Jersey
How long does a New Jersey landlord have to return a security deposit?
30 days. Under New Jersey Statutes § 46:8-21.1, a landlord must return the security deposit plus the tenant's share of interest or earnings, less any lawful charges, with the interest and any deductions itemized, by personal delivery or registered or certified mail within 30 days. The clock starts when you move out and hand back possession of the unit. A court may also award double the amount of the deposit money due, together with full court costs and, at the court's discretion, reasonable attorney's fees, when the court finds for the tenant.
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The security deposit law does not apply to owner-occupied premises with two or fewer rental units unless the tenant has given the landlord 30 days' written notice invoking it.
- If the tenant is displaced by fire, flood, condemnation or evacuation and the premises are posted as unfit or the displacement is certified to last over 7 days, the landlord must make the deposit available on demand within 5 business days.
- If the lease ends early under the domestic violence provisions (N.J.S.A. 46:8-9.6), the landlord must make the deposit available on demand within 15 business days.
What New Jersey law says about deductions and your rights
- Deductions are limited to charges allowed under the lease, such as unpaid rent and damage.
- No deductions may be made from the deposit of a tenant who stays in the rental.
- A security deposit may not exceed 1.5 times one month's rent, and any yearly increase in the deposit may not exceed 10 percent of the current deposit.
- The double-damages award does not require a finding of bad faith; the court awards it upon finding for the tenant.
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in New Jersey is $5,000 (Small Claims Section of the Special Civil Part; larger claims up to $20,000 go to the Special Civil Part), and the filing fee is $35 for one defendant plus $5 for each additional defendant; a fee waiver can be requested.
Steps
- Find your move-out date and deposit amount
- Work out when the clock started: The clock starts when you move out and hand back possession of the unit
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in New Jersey?
The clock starts when you move out and hand back possession of the unit.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. New Jersey law allows a court to award double the amount of the deposit money due, together with full court costs and, at the court's discretion, reasonable attorney's fees, when the court finds for the tenant. A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in New Jersey is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.