New Jersey Security Deposit Deductions

In New Jersey, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The record does not include a statutory definition of wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.

Wear and tear in this record

The supplied New Jersey record does not include a statutory definition of wear and tear. Normal wear and tear is the expected aging of a rental from ordinary living, such as faded paint or carpet worn from walking. Damage is harm beyond that ordinary use, such as a large stain, a burn, or a hole. A landlord can usually charge for tenant-caused damage. A landlord cannot charge for ordinary wear.

Item rules

Item	Allowed	Rule
Cleaning	Conditional	Within 30 days after termination the owner shall return the deposit plus the tenant’s portion of interest, less any charges expended in accordance with the terms of a contract, lease, or agreement, itemized. The statute does not independently list cleaning or wear and tear; deductions are those the lease authorizes. No deductions may be made from a security deposit of a tenant who remains in possession. (N.J.S.A. 46:8-21.1)
Carpet replacement	Not stated	No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4). (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4)
Painting	Not stated	No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4). (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4)
Nail holes and wall damage	Not stated	No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4). (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4)
Pet damage	Not stated	No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4). (N.J.S.A. 46:8-19 through 46:8-26 (Security Deposit Law); return deadline/penalty at 46:8-21.1; deposit cap at 46:8-21.2; small claims jurisdiction at 46:8-21.4)
Unpaid rent and fees	Yes	Unpaid rent is a charge expended in accordance with the terms of a contract, lease, or agreement and may be deducted; displacement and DV-termination subsections also allow 'less any rent due and owing.' (N.J.S.A. 46:8-21.1)

Itemization duty

Itemization required	Yes
Deadline	30 days
Receipts required	No
Rule	Return by personal delivery, registered or certified mail within 30 days after termination, plus interest, less lease-authorized charges. The interest or earnings and any such deductions shall be itemized. Receipts are not required. Double the net amount wrongfully withheld plus attorney fees is the typical civil penalty for missing the deadline (see 46:8-21.1 penalties paragraph).
Citation	N.J.S.A. 46:8-21.1

Burden of proof

No statutory sentence allocating the burden of proof on the lawfulness of a deduction. Failure to return as required exposes the landlord to a penalty of twice the amount wrongfully withheld plus costs and attorney fees (N.J.S.A. 46:8-21.1).

Statute says

Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return ... the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon,

N.J.S.A. 46:8-21.1

What this means

This source is a statute reprint, not an official government page.

Source accessed: 2026-09-20.

If it was deducted anyway

Use the New Jersey demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.

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I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under New Jersey law (N.J.S.A. 46:8-19 through 46:8-26), a landlord must return the deposit or send a written, itemized list of deductions within 30 days after termination of the tenant's lease or licensee's agreement.

FAQ

What security deposit deductions are allowed in New Jersey?

Only the uses in the supplied New Jersey record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.

Does a New Jersey landlord have to itemize deductions?

Yes. Return by personal delivery, registered or certified mail within 30 days after termination, plus interest, less lease-authorized charges. The interest or earnings and any such deductions shall be itemized. Receipts are not required. Double the net amount wrongfully withheld plus attorney fees is the typical civil penalty for missing the deadline (see 46:8-21.1 penalties paragraph).

Who has the burden of proof for a New Jersey deduction?