New Jersey Security Deposit Law: N.J.S.A. 46:8-21.1 Double Damages
Can you get double damages for an unpaid deposit in New Jersey?
Under New Jersey Statutes Annotated Section 46:8-21.1, landlords must return security deposits plus accrued interest within 30 days of lease termination. Landlords wrongfully withholding deposits are subject to statutory double damages plus full court costs and reasonable legal fees.
New Jersey Security Deposit Act (N.J.S.A. 46:8-21.1)
New Jersey's Security Deposit Act (N.J.S.A. 46:8-21.1) provides rigid tenant protections enforced strictly by the New Jersey Special Civil Part.
The 30-Day Return Rule
Within 30 days after the termination of the tenant's lease, the landlord must return the full deposit plus accrued interest, or send an itemized list of deductions by personal delivery, registered mail, or certified mail.
Mandatory Double Damages Recovery
If the landlord fails to return the deposit or itemization within 30 days, the court must award double the amount of money wrongfully withheld, together with full court costs and reasonable attorney's fees. New Jersey courts have confirmed this penalty is mandatory, not discretionary.