Somerset, 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, Somerset/Hunterdon/Warren Vicinage in Somerville. 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: $2,030. Enter your dates and send the dated letter first.

Court listedSuperior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Somerset/Hunterdon/Warren Vicinage
CitySomerville
Statewide filing fee$35 for one defendant, +$5 per additional defendant
E-filingYes, see filing page
Small claims limit$5,000 (statewide)
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.
Time limit to sue6 years
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.

Details

Limits: $5,000 (statewide).

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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.

Court listed for this county: Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Somerset/Hunterdon/Warren 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:

  1. The lease: the Landlord or Owner line and who signed.
  2. The deposit receipt or the account your rent went to.
  3. The owner of record in the property records of Somerset.
  4. 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.

Court forms

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 Somerset. This is calculated from rent, not measured deposits. The statutory amount requires the rule's conditions.

BedroomsDeposit owedStatutory amountTotal illustrationLimit check
1$1,679$1,679$3,358Fits under the $5,000 limit for this illustrated claim
2$2,030$2,030$4,060Fits under the $5,000 limit for this illustrated claim
3$2,410$2,410$4,820Fits under the $5,000 limit for this illustrated claim
4$2,546$2,546$5,092Does not fit the $5,000 limit. The New Jersey court page explains whether you can reduce the claim to the limit or file in a higher court. Send the letter first either way.

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 Somerset compare with other New Jersey counties?

The two-bedroom median gross rent is $2,030: rank 3 of 33 counties with this metric in U.S. Census Bureau, American Community Survey 2019-2023 5-Year Estimates. 25.5% of households rent in Somerset.

Somerset two-bedroom rent $2,030, rank 3 of 33 counties
Nearby counties in the two-bedroom rent ranking
CountyMedian gross rent
Morris$2,066
Morris County$2,066
Somerset$2,030
Somerset County$2,030
Middlesex$2,021
Middlesex County$2,021

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 Somerset

  • Bernardsville
  • Bound Brook
  • Far Hills
  • Manville
  • Millstone
  • North Plainfield
  • Peapack and Gladstone
  • Raritan
  • Rocky Hill
  • Somerville
  • South Bound Brook
  • Watchung

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 Somerset?

Statewide filing fee: $35 for one defendant, +$5 per additional defendant.

Where do I file a deposit claim in Somerset?

Superior Court of New Jersey, Law Division, Special Civil Part - Small Claims Section, Somerset/Hunterdon/Warren 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.

What's next?