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Security Deposit Laws in New Jersey

By Tenant Know-How Editorial TeamLast updated 4 min read
New Jersey Security Deposit Law at a Glance
Return Deadline
30 days
after move-out
Maximum Deposit
1.5 months
of monthly rent
Itemization of Deductions
Required
Interest on Deposit
Required
Must be held in interest-bearing account; tenant gets interest annually.
Statute: N.J. Stat. § 46:8-19 to -26

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

Under N.J. Stat. § 46:8-19 to -26, a landlord in New Jersey has 30 days after you move out to either return your full security deposit or provide an itemized statement of deductions along with any remaining balance.

Important New Jersey-specific details

5 days if tenant displaced by fire, flood, or condemnation.

What happens if the landlord misses the deadline in New Jersey?

Missing the deadline has real consequences for landlords in New Jersey. Under the statute, the penalty is: 2x wrongfully withheld amount plus attorney's fees.

In practice, this means if your landlord doesn't return the deposit (or a proper itemized statement) within 30 days, you likely have a strong case in small claims court.

What can the landlord legally deduct from your deposit in New Jersey?

New Jersey law generally allows landlords to deduct for:

  • Unpaid rent
  • Damage to the unit beyond normal wear and tear — holes in walls, broken fixtures, stains, pet damage
  • Cleaning costs, if the unit is left noticeably dirtier than at move-in
  • Breach-of-lease costs, such as early termination fees where legally permitted

Landlords cannot deduct for normal wear and tear — faded paint, worn carpet from regular use, minor scuffs, or small nail holes from hanging pictures.

Calculator: check your deposit situation

Enter your move-out date and deposit amount below to see exactly when your landlord's deadline is — and whether they've already missed it.

Security Deposit Return Calculator

Find out when your landlord must return your deposit and what they're legally allowed to deduct.

NJ
New Jersey Law
N.J. Stat. § 46:8-19 to -26
Return Deadline
30 days after move-out
Max Deposit
1.5 months rent
Itemization
Required
Interest
Required
New Jersey Notes
5 days if tenant displaced by fire, flood, or condemnation.
Informational only — not legal advice. Verify with the cited statute or a local attorney.

What to do if your landlord won't return your deposit in New Jersey

  1. Send a demand letter by certified mail. Cite N.J. Stat. § 46:8-19 to -26 and the amount owed. Keep a copy and the delivery receipt.
  2. Give the landlord a reasonable response window — typically 7 to 14 days after the demand letter.
  3. File in small claims court. In most states you can sue for up to $5,000–$10,000 without a lawyer. Filing fees are usually $30–$75 and often recoverable as costs.
  4. Bring evidence. Lease, move-in and move-out photos, the demand letter, proof of delivery, and any communications with the landlord.

For a complete walkthrough, see our guide: What to Do If Your Landlord Won't Return Your Security Deposit.

New Jersey Security Deposit FAQ

How long does a landlord have to return a security deposit in New Jersey?
In New Jersey, landlords must return the security deposit within 30 days of the tenant moving out, per N.J. Stat. § 46:8-19 to -26. They must either return the full deposit or provide an itemized statement of any deductions.
What is the maximum security deposit a landlord can charge in New Jersey?
In New Jersey, the maximum security deposit is 1.5 months of rent under N.J. Stat. § 46:8-19 to -26.
What happens if my landlord doesn't return my deposit on time in New Jersey?
In New Jersey, the penalty for wrongfully withholding a security deposit is: 2x wrongfully withheld amount plus attorney's fees. You can sue in small claims court to recover the deposit plus the statutory penalty.
Does my landlord in New Jersey have to pay interest on my security deposit?
Yes. New Jersey requires landlords to pay interest on security deposits. Must be held in interest-bearing account; tenant gets interest annually.
Does my landlord have to itemize deductions from my deposit in New Jersey?
Yes. New Jersey law requires landlords to provide an itemized statement of any deductions made from your security deposit.