Deposit laws by state › New Jersey
State law · New Jersey
New Jersey security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: Within 30 days after the lease ends, the landlord must return the deposit with interest, minus any lawful charges, itemized in a written notice.
How long does a landlord have to return a security deposit in New Jersey?
- Return deadline
- Within 30 days after the lease ends, the landlord must return the deposit with interest, minus any lawful charges, itemized in a written notice.N.J.S.A. 46:8-21.1
- Itemized list
- Any deductions must be itemized in the notice sent within the same 30 days.N.J.S.A. 46:8-21.1
Prefer a full page? Use the security deposit deadline calculator.
What happens if a New Jersey landlord misses the deadline?
- If the landlord misses it
- The statute's remedy is double damages rather than a stated forfeiture.N.J.S.A. 46:8-21.1
- Penalty
- When the tenant wins, the court must award double the money wrongfully withheld, plus full court costs, and may award reasonable attorney's fees.N.J.S.A. 46:8-21.1
- Interest
- New Jersey deposits earn interest, and the landlord must return the deposit with accrued interest.N.J.S.A. 46:8-21.1
What can a New Jersey landlord deduct from your deposit?
What can be deducted: Charges spent under the terms of the lease. No deduction may be made while the tenant is still in possession. (N.J.S.A. 46:8-21.1)
What the itemized list must include: An itemized list of deductions, sent by personal delivery, registered or certified mail. (N.J.S.A. 46:8-21.1)
New Jersey's deposit statute does not separately define normal wear and tear. See what counts as normal wear and tear for how it is generally treated.
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Is there a limit on security deposits in New Jersey?
A deposit may not exceed one and one-half months' rent, and any yearly increase may not exceed 10% of the current deposit. (N.J.S.A. 46:8-21.2)
Taking a deposit case to small claims court in New Jersey
Small-claims limit: New Jersey small claims, including security deposit cases, covers claims up to $5,000. Larger claims go to the Special Civil Part (up to $20,000). (New Jersey Courts small-claims guidance)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- The itemized notice must be sent by personal delivery, registered or certified mail (N.J.S.A. 46:8-21.1).
What to do if your New Jersey landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite New Jersey's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- N.J.S.A. 46:8-21.1: njcourts.gov
- New Jersey Courts small-claims guidance: njcourts.gov
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in New Jersey.