Essex, New Jersey: Where to File a Security Deposit Claim and What It Costs
Listed court: Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Essex Vicinage in Newark. Check venue on the court's official page or with the clerk. Fee: $35 for one defendant, +$5 per additional defendant. Limit: $5,000. Return: 30 days. ACS two-bedroom rent: $1,577. Enter your dates and send the dated letter first.
| Court listed | Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Essex Vicinage |
|---|---|
| City | Newark |
| Statewide filing fee | $35 for one defendant, +$5 per additional defendant |
| E-filing | Yes, see filing page |
| Small claims limit | $5,000 (statewide) |
| State deposit return deadline |
|
| Time limit to sue | 6 years |
| Deposit statute | 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 |
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.
Details
Limits: $5,000 (statewide).
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Details of the return rules
| 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.
Court listed for this county: Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Essex Vicinage. Check venue on the official court page or with the clerk.
Free dated DOCX by email. Print-ready state PDF kit: $29. Letter preparation and mailing: $49.
Who do you name in the claim?
Find and compare the legal names
Find and compare the legal names in these records:
- The lease: the Landlord or Owner line and who signed.
- The deposit receipt or the account your rent went to.
- The owner of record in the property records of Essex.
- The New Jersey business registry for an LLC or management company: its exact legal name and registered agent. New Jersey Division of Revenue and Enterprise Services (check the link; report an error if it is wrong)
A registered agent receives court papers for a company; it is not the defendant.
Listed filing or service charges: $35 for one defendant, +$5 per additional defendant
This page shows where the names are recorded; it does not decide who is legally liable.
What to bring to the clerk
- Your lease.
- Deposit receipt or payment record.
- The demand letter and proof of delivery.
- Move-out photos and an inventory or condition report.
Check the New Jersey filing procedure before you go.
Service methods: 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..
Procedure source (high confidence): The cost for filing a complaint in Small Claims is: One defendant $35 Each additional defendant $5
Is it worth filing here?
Illustration: a deposit equal to one month's ACS median gross rent (U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates) for a home in Essex. This is calculated from rent, not measured deposits. The statutory amount requires the rule's conditions.
| Bedrooms | Deposit owed | Statutory amount | Total illustration | Limit check |
|---|---|---|---|---|
| 1 | $1,224 | $1,224 | $2,448 | Fits under the $5,000 limit for this illustrated claim |
| 2 | $1,577 | $1,577 | $3,154 | Fits under the $5,000 limit for this illustrated claim |
| 3 | $1,791 | $1,791 | $3,582 | Fits under the $5,000 limit for this illustrated claim |
| 4 | $2,063 | $2,063 | $4,126 | Fits under the $5,000 limit for this illustrated claim |
Source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070; accessed 2026-09-21. Penalty rule.
How does Essex compare with other New Jersey counties?
The two-bedroom median gross rent is $1,577: rank 24 of 33 counties with this metric in U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates. 55.5% of households rent in Essex.
| County | Median gross rent |
|---|---|
| Passaic | $1,584 |
| Passaic County | $1,584 |
| Essex | $1,577 |
| Essex County | $1,577 |
| Gloucester County | $1,577 |
| Warren County | $1,543 |
Ranking uses the same ACS metric and period within this state; ties share a rank. Coverage is 33 of 33 listed counties. Census source.
Places in Essex
- Caldwell
- East Orange
- Essex Fells
- Glen Ridge
- Newark
- North Caldwell
- Roseland
These are Census places in the county. Check the rental's address with the clerk to find the court.
U.S. Census Bureau, 2020 Census place-to-county relationship file
Free legal help
- Legal Services of New Jersey: Free civil legal advice and referrals for low-income New Jersey residents, including housing and landlord-tenant problems, through the LSNJLAW hotline.
FAQ
How much does it cost to file in Essex?
Statewide filing fee: $35 for one defendant, +$5 per additional defendant.
Where do I file a deposit claim in Essex?
Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Essex Vicinage is listed. 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. Court page
Who should I name in the claim?
Compare the legal names on the lease, deposit receipt, property records and business registry. A registered agent receives papers for a company; it is not the defendant.
What should I bring to the clerk?
Bring your lease, deposit receipt, demand letter, proof of delivery, photos and any move-out inventory.