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New Jersey security deposit: 30 days to get it back

Within 30 days after the tenant's lease ends, the landlord must return the deposit plus the tenant's share of interest, less lawful deductions, with an itemized list. Shorter timelines apply if a tenant is displaced by fire, flood, condemnation or evacuation (5 business days on request) or ends a lease under the Safe Housing Act.

Double-check before you rely on this. Parts of this page come from legal-aid and other secondary summaries instead of the official statute text. Confirm the deadline and penalty in N.J.S.A. 46:8-21.1, and check whether a local ordinance changes the rules.

What the law requires

Itemized statement: The landlord must send an itemized list of deductions (damage beyond ordinary wear and tear, and amounts owed under the lease), together with the interest and the balance. No deduction may be made from the deposit of a tenant who is still in possession. No receipt threshold appears in the sources read.
If the landlord breaks the rules: If the tenant sues and wins, the court must award double the amount wrongfully withheld, plus full costs and, in the court's discretion, reasonable attorney's fees.
Deposit cap: A landlord may not require more than 1.5 times the monthly rent as a deposit, and yearly increases may not exceed 10% of the current deposit (per NJ DCA guidance).
Small claims limit: $5,000 in Small Claims Section, Special Civil Part, Superior Court
Statute: N.J.S.A. 46:8-19 et seq., esp. 46:8-21.1 (return), 46:8-21.2 (amount) and 46:8-21.4 (small claims)

Local rules

Owner-occupied premises with no more than two rental units are exempt (a tenant can opt in with 30 days' written notice). Seasonal rentals of 125 consecutive days or less, by a landlord with a permanent home elsewhere, are exempt from the investment and bank-deposit rules. Landlords with 10 or more units must use an insured NJ money market fund or variable-rate account.

If your landlord misses the deadline

Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
Send a written demand by certified mail, keep the receipt, and cite N.J.S.A. 46:8-21.1. Give a date to respond.
If you still aren't paid, file in Small Claims Section, Special Civil Part, Superior Court. Deposit claims up to $5,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a New Jersey demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under N.J.S.A. 46:8-21.1, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in New Jersey have to return a security deposit?

What happens if a New Jersey landlord keeps the deposit wrongfully?

If the tenant sues and wins, the court must award double the amount wrongfully withheld, plus full costs and, in the court's discretion, reasonable attorney's fees.

Do I have to give my New Jersey landlord a forwarding address?

Our review of New Jersey's statute didn't find a forwarding-address rule that starts the deadline. Give one in writing anyway, so you can prove where to send the deposit.

Where do I sue for my deposit in New Jersey?

Deposit claims up to $5,000 can be filed in Small Claims Section, Special Civil Part, Superior Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.