New Jersey Security Deposit Law: How Many Days and What to Do
In New Jersey, a landlord has 30 days after your lease ends to return a security deposit or send an itemized list (N.J.S.A. 46:8-19 through 46:8-26). Most states allow 30 days; New Jersey is the same.
Last checked 2026-07-06
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Details of the return rules
In New Jersey, a landlord has 30 days or 5 business days (fire/flood/condemnation-displaced tenants) or 15 business days (domestic-violence lease terminations) to return a security deposit.
| When it applies | Deadline | Starts from |
|---|---|---|
| Deposit return | 30 days | Termination of the tenant's lease or licensee's agreement |
| fire/flood/condemnation-displaced tenants | 5 business days | Special case termination |
| domestic-violence lease terminations | 15 business days | Special case termination |
New Jersey return rule: 30 days. Check the dates you entered above.
Key facts
| Deadline | 30 days; trigger: Termination of the tenant's lease or licensee's agreement |
|---|---|
| Additional deadline 2 | 5 business days (fire/flood/condemnation-displaced tenants); trigger: Special case termination |
| Additional deadline 3 | 15 business days (domestic-violence lease terminations); trigger: Special case termination |
| Penalty formula | Court "shall award recovery of double the amount of said moneys" wrongfully withheld, plus full costs of the action, and in the court's discretion, reasonable attorney's fees. This is mandatory on a finding for the tenant - NOT conditioned on a finding of bad faith (unlike e.g. Massachusetts). Separately, a distinct civil penalty of $500-$2,000 per offense applies only to willful/intentional withholding of deposits made on behalf of tenants receiving state/federal financial assistance (welfare/rental assistance) - that narrower penalty IS bad-faith-gated, but the general tenant double-damages remedy is not. |
| Bad faith required | No |
| Statute citation | 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 |
How does New Jersey's deadline compare with other states?
New Jersey's return deadline is 30 days. The middle of the comparable state deadlines is ≈30 days. Use the dates and questions above to see which deadline applies to you.
| State | Return rule |
|---|---|
| New Jersey | 30 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
See all 51 jurisdictions
| State | Return rule |
|---|---|
| Montana | 10 days |
| Alaska | 14 days |
| Arizona | 14 days |
| Hawaii | 14 days |
| Kansas | 14 days |
| Nebraska | 14 days |
| New York | 14 days |
| Vermont | 14 days |
| Florida | 15 days |
| Delaware | 20 days |
| Rhode Island | 20 days |
| California | 21 days |
| Connecticut | 21 days |
| Idaho | 21 days |
| Minnesota | 21 days |
| South Dakota | 21 days |
| Wisconsin | 21 days |
| Colorado | 30 days |
| Georgia | 30 days |
| Iowa | 30 days |
| Louisiana | 30 days |
| Maine | 30 days |
| Massachusetts | 30 days |
| Michigan | 30 days |
| Missouri | 30 days |
| Nevada | 30 days |
| New Hampshire | 30 days |
| New Jersey | 30 days |
| New Mexico | 30 days |
| North Carolina | 30 days |
| North Dakota | 30 days |
| Ohio | 30 days |
| Pennsylvania | 30 days |
| South Carolina | 30 days |
| Texas | 30 days |
| Utah | 30 days |
| Washington | 30 days |
| Wyoming | 30 days |
| Oregon | 31 days |
| District of Columbia | 45 days |
| Illinois | 45 days |
| Indiana | 45 days |
| Maryland | 45 days |
| Mississippi | 45 days |
| Oklahoma | 45 days |
| Virginia | 45 days |
| Alabama | 60 days |
| Arkansas | 60 days |
| West Virginia | 60 days |
| Kentucky | No fixed return deadline |
| Tennessee | No fixed return deadline |
Source: state statute records · checked 2026-07-06 · n=48 fixed rules among 51 jurisdictions · method: first listed return deadline; calendar months plotted as ≈30 days · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What happens if the landlord misses the deadline?
Court "shall award recovery of double the amount of said moneys" wrongfully withheld, plus full costs of the action, and in the court's discretion, reasonable attorney's fees. This is mandatory on a finding for the tenant - NOT conditioned on a finding of bad faith (unlike e.g. Massachusetts). Separately, a distinct civil penalty of $500-$2,000 per offense applies only to willful/intentional withholding of deposits made on behalf of tenants receiving state/federal financial assistance (welfare/rental assistance) - that narrower penalty IS bad-faith-gated, but the general tenant double-damages remedy is not. The statutory amount depends on the facts and any conditions in 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; it is separate from the deposit owed.
New Jersey is one of 36 states where the law sets a multiple of the deposit.
| Rule | States | Share |
|---|---|---|
| The law sets a multiple of the deposit ← New Jersey | 36 | 71% |
| The law names another remedy (forfeiture, fees, damages) | 10 | 20% |
| Read the cited remedy; no multiple is set | 5 | 10% |
With a deposit of $1,800 (median county rent), a claim for the deposit plus the maximum penalty is $5,400; does not fit under the $5,000 small claims limit.
Source: 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 · checked 2026-07-06 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
What do you have to do before you can claim the penalty?
Send the required information to start the clock.
Does the deadline move if it falls on a weekend or holiday?
New Jersey law does not clearly say whether a deposit deadline moves when it falls on a weekend or holiday.
To be safe: if the last day falls on a weekend or holiday, treat the deadline as passed only after the next business day. Example: October 10, 2026 is a Saturday, so wait until October 12, 2026 before saying the deadline has passed.
What New Jersey law requires of the landlord
The deposit return rule is 30 days or 5 business days (fire/flood/condemnation-displaced tenants) or 15 business days (domestic-violence lease terminations). The law also requires an itemized statement when deductions are made.
- Return window
- 30 days or 5 business days (fire/flood/condemnation-displaced tenants) or 15 business days (domestic-violence lease terminations)
- Itemization
- Required
- Receipts threshold
- No dollar threshold - itemization of interest/earnings and any deductions is required on every return, regardless of amount
- Interest
- New Jersey requires return of the deposit plus the tenant's portion of interest or earnings accumulated thereon under the verified statute data.
Is interest owed on a deposit in New Jersey?
New Jersey is one of 3 states where interest is required. Check interest and any local rule.
| Rule | States | Share |
|---|---|---|
| Required by state law ← New Jersey | 3 | 6% |
| Owed only in some cases | 11 | 22% |
| Not required by state law | 37 | 73% |
Source: 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 · checked 2026-07-06 · n=51 · method: computed from state records · computed, not measured · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6
New Jersey security deposit deductions
FAQ
How do I confirm the New Jersey deadline?
Use the questions above to match your dates to 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, and keep proof of each date.
What is the small claims limit in New Jersey?
See the applicable court limits and jurisdictions in the state court guide. New Jersey court guide
City data on this page currently includes Newark, Jersey City, Paterson, Lakewood Township, Elizabeth, Edison Township, Woodbridge Township, Toms River Township, Hamilton Township, Trenton, Clifton, Cherry Hill Township, Brick Township, Bayonne, East Orange.
Statute text, sources and changes
Statute says
"Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in accordance with the terms of a contract, lease, or agreement... The interest or earnings and any such deductions shall be itemized... In any action by a tenant... for the return of moneys due under this section, the court upon finding for the tenant... shall award recovery of double the amount of said moneys, together with full costs of any action and, in the court's discretion, reasonable attorney's fees." (N.J.S.A. 46:8-21.1). Deposit cap: "An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental... as a security for the use or rental of real property used for dwelling purposes." (N.J.S.A. 46:8-21.2). Small claims: "the Division of Small Claims of the Superior Court, Law Division, Special Civil Part shall have jurisdiction of actions... where the amount in dispute, including any applicable penalties, does not exceed the sum of $5,000, exclusive of costs." (N.J.S.A. 46:8-21.4)
What this means
Sources
- https://www.nj.gov/dca/codes/publications/pdf_lti/sdepsit_law.pdf · accessed 2026-07-06
- https://law.justia.com/codes/new-jersey/title-46/section-46-8-21-1/ · accessed 2026-07-06
- https://www.lsnjlaw.org/legal-topics/housing/landlord-tenant/security-deposits/pages/obligations-limits-collections-aspx · accessed 2026-07-06
- https://www.nolo.com/legal-encyclopedia/new-jersey-landlords-guide-security-deposit-disputes-small-claims-court.html · accessed 2026-07-06
Changes
- : Record verified against the cited statute.
Verified 2026-07-06 · release 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6