New Jersey security deposit law
Plain-English summary, citations, and what to do if your landlord violates it. Last updated 2026-04-26.
| Deposit cap | 1.5 months' rent (Rent Security Deposit Act, NJSA 46:8-21.2) |
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| Return deadline | 30 days from move-out |
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| Itemization required | YES — Itemized list of damages + remaining deposit + interest within 30 days, by personal delivery, registered mail, or certified mail. |
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| Wear-and-tear excluded | YES |
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| Double damages available | YES |
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| Statute | NJ Rent Security Deposit Act, NJSA 46:8-19 to 46:8-26 |
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| Small claims cap | $5,000 |
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| Exemptions | Owner-occupied buildings of 2 or fewer units. |
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| Notes | Landlord must place deposit in interest-bearing account; tenant entitled to that interest annually. |
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If the landlord violated the law
If your landlord didn't return your deposit within 30 days or didn't itemize deductions, you can demand the deposit back — and in New Jersey, recover up to 2× the deposit in damages.
The exact rule: Failure to return deposit + interest within 30 days: tenant entitled to 2× the wrongfully-withheld amount + court costs.
A free letter generator for New Jersey is on the roadmap. See the NY generator for the format — the legal logic adapts to New Jersey per the statute below.
What to do step by step
- Send a written demand letter, certified mail with return receipt, to the landlord's address on file. State the deposit amount, the move-out date, the days elapsed, and the statute (NJ Rent Security Deposit Act, NJSA 46:8-19 to 46:8-26).
- Wait 14-30 days for compliance.
- If still no return: file in your local small claims court (cap in New Jersey: $5,000). Filing fees are typically $20-$60.
- Bring: the lease, deposit-paid proof, photos taken at move-out, any communication with the landlord, and a copy of your demand letter (with the certified-mail receipt).
Common landlord excuses (and why they don't hold)
- "It's wear and tear": In New Jersey, ordinary wear and tear is NOT a deductible item. Period.
- "I haven't gotten around to it": The deadline is statutory. 30 days, no extensions.
- "I'm holding it for damage I haven't quantified yet": The law requires an itemized statement. Vague claims = unenforceable retention.
- "You broke the lease": Lease-break damages are a separate claim — they don't entitle the landlord to skip the deposit-return process.
Why this page exists
Most landlord-tenant info pages are written by law firms hoping to upsell representation. This isn't that. It's a public-interest summary based on the actual statute, free to use, no signup. If you find an error, open an issue on GitHub.