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New Jersey Small Claims for a Security Deposit: Where to File, What It Costs, Does It Fit

In New Jersey, a security deposit claim is heard by the court named in the facts table; the court for your county is listed below. The comparable deposit claim limit is $5,000. No comparable fee amount in our county data; see the official fee schedule. Pick your county, calculate your deadline, then send a dated letter.

State law last checked .

Filing facts

CourtDivision of Small Claims, Special Civil Part, Law Division, Superior Court of New Jersey · Court source
Listed limits and jurisdictions$5,000 (statewide)
Comparable deposit claim limit$5,000
Time limit to sue, from state data6 years; check when the claim accrued before counting from it.
Listed county filing feesNo comparable fee amount in our county data; see the official fee schedule.
E-filing12 yes, 0 no, 21 unverified among 33 listed counties
State deposit return deadline
  • 30 days after Termination of the tenant's lease or licensee's agreement.
  • 5 business days after Special case termination. Applies when: fire/flood/condemnation-displaced tenants.
  • 15 business days after Special case termination. Applies when: domestic-violence lease terminations.
Deposit statuteN.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

Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

Which county is the rental in?

Does your claim fit the limit?

Enter the amount you would ask the court to award.

The comparable claim limit ranks 3 among 45 jurisdictions with a comparable amount; median $10,000. Ties share a rank. Computed from state data, not measured.

From a letter to court

  1. Calculate the return date and send a letter using your own move-out date, deposit and state conditions.
  2. Keep the letter, delivery proof, lease, payment records and photos.
  3. Use your county guide and court's official instructions to check the filing location and fee.

Calculate your deadline and next letter

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Details of the return rules
New Jersey statutory deadlines
When it appliesDeadlineStarts from
Deposit return30 daysTermination of the tenant's lease or licensee's agreement
fire/flood/condemnation-displaced tenants5 business daysSpecial case termination
domestic-violence lease terminations15 business daysSpecial case termination

New Jersey return rule: 30 days. Check the dates you entered above.

Free New Jersey template, built from verified state data

Methodology: every statute verified against primary sources. See how verification works.

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.

Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.

How to file

Forms: Court forms and filing information

File online: Yes

Statewide filing fee: Small Claims: One defendant $35; each additional defendant $5. Special Civil (up to $20,000): $50 if $5,000 or less; $75 if more than $5,000; $5 each additional defendant.

How papers are served:

  • certified mail by clerk
  • constable or sheriff

Service fee: The fee is $10 for each defendant served by certified and regular mail. $10 fee for a Court Officer to personally reserve complaint. Small-claims kit (motor vehicle) states $10 certified-and-regular-mail service fee included in $45 for one defendant.

Attorneys allowed: Yes

Appeal window: 45 days

The cost for filing a complaint in Small Claims is: One defendant $35 Each additional defendant $5

Official source · Accessed

Who do you name in the claim?

Compare the name on the lease and deposit receipt with the property record and the New Jersey Division of Revenue and Enterprise Services. A registered agent receives papers for a company; it is not the defendant. Confirm the defendant with the court or legal aid.

What to bring to the clerk

  • Lease and deposit receipt or payment record.
  • Demand letter and proof of delivery.
  • Move-out photos, inventory and any itemized deductions.
  • Your calculation and the cited deposit statute.

What you can recover

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.

This is class P1, found in 36 of 51 jurisdictions. Computed from cited state records, not measured outcomes.

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)

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

What this means

Tenant resources

FAQ

Which court handles a security deposit claim in New Jersey?

Division of Small Claims, Special Civil Part, Law Division, Superior Court of New Jersey. Some counties have more than one small claims court, and venue rules differ by state; check which court hears your claim on the court's official page or with the clerk.

What is the deposit claim limit in New Jersey?

The comparable general deposit claim limit is $5,000. Check the court and claim type that applies.

What is the return deadline in New Jersey?

30 days or 5 business days (fire/flood/condemnation-displaced tenants) or 15 business days (domestic-violence lease terminations)

What's next?