New Jersey Security Deposit Law: 30 Days & Double Damages

Last reviewed: · Source: N.J.S.A. 46:8-21.1 · get-book.com

New Jersey gives a landlord 30 days after the lease terminates to return the deposit plus your share of any interest, itemizing any deductions. The remedy is unusually tenant-friendly: a court must award double the amount wrongfully withheld, and no proof of bad faith is required.

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The 30-day deadline

Within 30 days after the lease ends the landlord must return the deposit plus your share of any interest, less lawful charges, and itemize any deductions. N.J.S.A. 46:8-21.1.

The refund must be available for collection for 30 days at a location in the same municipality — and no deductions may be taken from the deposit of a tenant who is still in possession.

The penalty

A court must award double the amount wrongfully withheld, together with full costs and, at its discretion, reasonable attorney’s fees. No proof of bad faith is required. N.J.S.A. 46:8-21.1.

Separately, if the deposit was never put into an interest-bearing account or the required notices were never sent, you may direct that the deposit plus 7% per year be credited to your rent. N.J.S.A. 46:8-19.

The cap and where a claim goes

The deposit is capped at 1.5 months’ rent (N.J.S.A. 46:8-21.2). Deposit claims go to the Special Civil Part, Small Claims Section (limit $5,000); filing fees run roughly $15 to $50 depending on the amount claimed.

Common questions

How long does a New Jersey landlord have to return a deposit?
30 days after the lease terminates, under N.J.S.A. 46:8-21.1 — the deposit plus your share of any interest, with any deductions itemized. The refund must remain available for collection for 30 days at a location in the same municipality.
What if my landlord wrongfully keeps part of the deposit in New Jersey?
A court must award double the amount wrongfully withheld, plus full costs and, at its discretion, reasonable attorney’s fees — no proof of bad faith is required. N.J.S.A. 46:8-21.1.
Does a New Jersey deposit earn interest?
Yes — the return includes your share of any interest. If the deposit was never put into an interest-bearing account or the required notices were never sent, you can instead direct that the deposit plus 7% per year be credited to your rent (N.J.S.A. 46:8-19).
Is this legal advice?
No. This page is general information about New Jersey law, with sources. It is not tailored to your situation and we are not a law firm.

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This page is general information for a general audience and is not legal advice. It is not tailored to your situation and we are not a law firm. Laws change and vary by county — for your own situation, consult a licensed attorney.