New Jersey Security Deposit Law: Deadlines & Penalties
New Jersey landlords must return a security deposit, plus the interest it earned and minus any lawful deductions, within 30 days after the tenancy ends. Deductions may cover damage beyond normal wear and tear and other money owed under the lease. Deposits are capped at one and a half times the monthly rent, and the law covers most rentals except owner-occupied two- or three-family homes, unless the tenant asks in writing for it to apply.
The refund must be sent by personal delivery, registered mail or certified mail, and any itemized list of deductions must also go by registered or certified mail within the same 30 days. If a tenant breaks the lease, the 30 days don't start until the unit is re-rented or the lease expires. When fire, flood, condemnation or evacuation displaces a tenant, the deposit is generally due within five business days.
If the landlord fails to return the deposit on time, or the tenant disputes the deductions, the tenant can sue. A court that finds for the tenant can award double the amount wrongfully withheld, together with court costs and reasonable legal fees. Interest earned on the deposit belongs to the tenant and is paid out each year or credited toward rent.
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New Jersey: common questions
How long does a New Jersey landlord have to return a deposit?
30 days after the tenancy ends, by personal delivery, registered mail or certified mail. If the tenant was displaced by fire, flood, condemnation or evacuation, the deposit is generally due within five business days.
What if I broke my lease in New Jersey?
If you moved out early without legal cause, the lease isn't considered terminated until the unit is re-rented or the lease term ends, whichever comes first. The 30-day deadline starts from that date, not from the day you moved out.
Can I get double my deposit back in New Jersey?
If a court finds the landlord wrongfully withheld money, it can award double the amount wrongfully withheld, together with court costs and reasonable legal fees. You can ask for the doubled amount in your small claims complaint.
Can I sue for my deposit in New Jersey small claims court?
Yes. The small claims section of the Special Civil Part hears cases of up to $5,000, including security deposit cases where the doubled amount stays within that limit. Larger claims, up to $20,000, go to the regular Special Civil Part.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| New Jersey | 30 days | Required | $5,000 |
| Delaware | 20 days | Required | $25,000 (Justice of the Peace Court) |
| New York | 14 days | Required | $10,000 in New York City ($5,000 in most other city courts) |
| Pennsylvania | 30 days | Required | $12,000 (magisterial district court) |
| Alabama | 60 days | Required | $6,000 |
| Alaska | See statute | Required | $10,000 |
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