Morris, New Jersey: Small Claims for a Security Deposit
Limits: $5,000 (statewide). E-filing: Yes. Court: Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Morris/Sussex Vicinage. Statewide filing fee: $35 for one defendant, +$5 per additional defendant.
Filing facts
| State small claims limits | $5,000 (statewide) |
|---|---|
| Statewide filing fee | $35 for one defendant, +$5 per additional defendant |
| E-filing | Yes |
| Time limit to sue in New Jersey | 6 years. |
| State deposit return deadline |
|
| 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. |
| 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 |
More than one fee amount is listed; confirm which one applies with the court.
Where to file
Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Morris/Sussex Vicinage
Courthouse city: Morristown
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 check not recorded
See how to file in New Jersey for the state filing procedure.
Rent and deposits in Morris
County median gross rent: $1,860 per month.
| Bedrooms | Monthly rent |
|---|---|
| Studio | $1,458 |
| 1 bedroom | $1,615 |
| 2 bedrooms | $2,066 |
| 3 bedrooms | $2,440 |
| 4 bedrooms | $3,015 |
Illustrative deposit example computed from the county median rent: one month of the Census two-bedroom median is $2,066; two months is $4,132. This is an example computed from the county median, not a legal cap or a survey of deposits. The calculations below use the one-month deposit of $2,066.
State legal maximum deposit in New Jersey: 1.5x one month's rent ($3,099 at the example rent).
Total households in Morris: 191,840.
Renter households: 50,069 (26.1% of all households).
Renters spending more than half their household income on rent: 4.3%. A delayed deposit refund can leave these households with less money for their next rent payment.
County rent and household source: U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates, tables B25064, B25031, B25003, B25070. Accessed .
Will my deposit claim fit the limit?
Using the county Census figure: two-bedroom median gross rent for Morris, $2,066 per month.
The deposit range does not include penalties, interest, or other amounts you may claim.
- Compared with $5,000 (statewide), the whole deposit range fits.
A claim above the applicable limit must either be reduced to that limit or go to a different court.
Towns this court serves
A deposit claim is usually filed where the property sits or where the landlord is.
- Boonton
- Butler
- Chatham
- Chester
- Dover
- Florham Park
- Kinnelon
- Lincoln Park
- Madison
- Mendham
- Morris Plains
- Morristown
- Mount Arlington
- Mountain Lakes
- Netcong
- Riverdale
- Rockaway
- Victory Gardens
- Wharton
Source: U.S. Census Bureau, 2020 Census place-to-county relationship file.
Statewide 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.
Phone: (888) 576-5529
These are independent organisations, not DemandLetterLab.
From letter to filing
- Send a New Jersey security deposit demand letter stating the deposit amount supported by your records.
- Before you file: review the deposit return deadlines above and allow the typical response window of 14 days after your letter.
- Time limit to sue in New Jersey: 6 years.
- Check the court's filing instructions. Keep your lease, payment records, photos, letter, and proof of delivery ready.
This template uses New Jersey law. Your county decides where you file, not which law applies.
Free New Jersey template, built from verified state data
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
How much does it cost to file in Morris?
Statewide filing fee: $35 for one defendant, +$5 per additional defendant
How long do I have to sue?
Time limit to sue in New Jersey: 6 years.
Where do I file?
Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Morris/Sussex Vicinage. Courthouse city: Morristown. Check the court's instructions for the right filing location.