What should you do if your NJ Landlord will not Return your Deposit?

Jun 12, 2017 | New Jersey Eviction

Contact a NJ Landlord Tenant Lawyer to get your deposit back.Nj Attorney to get deposit back from bad landlord

If your apartment building had more than 4 units, and you surrendered your apartments more than 30 days ago by returning your keys to your landlord and have moved out of the property then contact a Jersey City, NJ Landlord Tenant Lawyer today. If there was a fire, flood, condemnation, evacuation, or an authorized public official posts the premises with a notice prohibiting occupancy, your former landlord only has 5 days to refund your deposit.

If your Landlord had less than 4 units different rules apply than in larger buildings.

As NJ Tenant Lawyers, we will contact your former landlord and demand your deposit be returned. As a former tenant you still have tenant’s rights that we can help you enforce.  If you are looking to do this for the least amount of money possible and your deposit is under $5000, you can go to NJ small claims court. 

When you first rented your apartment or home, you most likely were required to put down 1 ½ months of rent as a deposit. Your landlord was supposed to put that money in an interesting bearing account if the building had more than 4 units. With today’s interest rates, you are not going to get rich on this interest, but it is a requirement that your landlord was supposed to have followed. But, if the landlord fails to abide by the proper laws you may be able to recoup 7% interest if the building had more than 4 units.

As your rent increases over the years, your landlord can also increase your security deposit. This additional security deposit is not supposed to be greater than 10% of the current security deposit held by your landlord.

If we are forced to take your landlord to court, and the court finds your former landlord violated your rights with regards to your security deposit the court can award double the amount of your deposit and interest owed (4-unit or more buildings), together with full costs of filing the lawsuit and, at the judge’s discretion attorney’s fees can also be awarded. I keep mentioning the 4-unit number because smaller buildings do not play by the same rules as large buildings as far as what New Jersey requires. We find most of the time it is small time landlords that hold security deposits for no reason.

The relevant statutes can be found at New Jersey Statutes Annotated §§ 46:8-19, 44:8-21, 44:8-26. 

If you would like us to bring a lawsuit on your behalf, we will need a copy of your lease, all the communication between you and your landlord over returning the deposit and a $2,500 deposit to bring the case. We charge $350 to write a demand letter to a landlord for return of your deposit. Many times this is enough to get the landlord to refund your money. If your landlord refuses to pay, we will then bring a court action for the return of your deposit. Many times hiring us does not make financial sense because we cost more than is in controversy over the deposit.

If you have any questions, contact us at us at 973-200-1111 or Email us at to work with a Jersey City NJ Landlord Tenant Attorney. If you have more complicated issues than a return of a deposit, we can help.


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