State Law Guide · Updated January 2026
New Jersey Security Deposit Laws
Under New Jersey Statutes § 46:8-21.2, New Jersey landlords must return security deposits within 30 days (5 days if building sold/condemned) of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to Up to 2x the deposit wrongfully withheld plus attorney fees.
Quick Answer
In New Jersey, landlords have 30 days (5 days if building sold/condemned) to return your security deposit after you move out and provide a forwarding address. The maximum deposit is 1.5 months' rent. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $5,000) and may recover Up to 2x the deposit wrongfully withheld plus attorney fees under New Jersey Statutes § 46:8-21.2. Landlords must provide an itemized statement of deductions.
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What New Jersey Law Requires
Return Deadline
Landlords have exactly 30 days (5 days if building sold/condemned) to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face Up to 2x the deposit wrongfully withheld plus attorney fees. You can file in small claims court for amounts up to $5,000without needing an attorney.
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $700-2,0005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
Interior Paint
Typical: $300-9003-year useful life per HUD Handbook 4350.1. Charges may be reduced or invalid based on how long you lived there.
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HUD/IRS Citations
Useful life depreciation built in
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Frequently Asked Questions
How long does a New Jersey landlord have to return my deposit?
New Jersey landlords have 30 days to return your deposit. If the building is sold or condemned, the deadline is just 5 days.
Does my New Jersey landlord have to pay interest?
Yes! New Jersey requires interest on all deposits at a rate set by the Department of Banking. Interest must be paid annually or credited at lease end.
What is the deposit limit in New Jersey?
New Jersey caps deposits at 1.5 months' rent. Any excess must be returned within 30 days or applied to rent.
What penalties exist for New Jersey landlords?
Wrongful withholding can result in 2x the deposit plus attorney fees. Strong consumer protection.
City-Specific Rules
Some New Jersey cities have additional tenant protections:
- Jersey City: Additional tenant protections. Rent control for many units.
- Newark: Strong tenant advocacy. Additional housing resources.
Official Resources
- New Jersey Attorney General Consumer Affairs(Government)
- Legal Services of New Jersey(Legal Aid)
Compare Other States
See how New Jersey's security deposit laws compare to nearby states:
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Based on New Jersey Statutes § 46:8-21.2 · HUD Handbook 4350.1 · IRS Publication 527