New Jersey caps a residential security deposit at 1.5 times one month's rent, and any later additional deposit may rise by no more than 10% per year. After a tenancy ends, the landlord must return the deposit plus the tenant's interest, minus itemized deductions, within 30 days. Wrongful withholding exposes the landlord to double damages.
Under N.J.S.A. 46:8-21.2, an owner "may not require more than a sum equal to 1 1/2 times 1 month's rental" as a deposit, and additional security collected later "shall not be greater than 10 percent of the current security deposit" annually. The deposit must be held in an interest-bearing account, with the interest belonging to the tenant (46:8-19). Under 46:8-21.1, within 30 days after the lease terminates the landlord must return the deposit plus the tenant's share of interest, "less any charges expended," by personal delivery or certified mail, and "the interest or earnings and any such deductions shall be itemized." Deposits drop to five business days where a tenant is displaced by fire, flood, condemnation, or evacuation.
Under N.J.S.A. 46:8-21.1, in a tenant's successful action for return of the deposit the court "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." A landlord who fails to invest the deposit or send required notices lets the tenant apply the deposit plus 7% interest to rent (46:8-19).
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