Moving out is stressful enough. Let's see where your deposit stands.
Whether you're dealing with:
- Lease expiring
- Breaking a lease
- Already moved out and waiting
Tell us where you are so we can help.
We'll ask a few questions to better understand your moving situation and tell you what the statute says. And if you need a lawyer, we'll tell you the moment one is available to walk you through the rest.
Start with where you areFree · about 3 minutes · nothing sent unless you say so.
- Five or six short questionsAbout your move-out and your deposit. No documents, no account, no payment.
- Your day count, straight awayOn question two we count the days from the dates you give us. It's yours to keep, whatever you decide to do.
- Free help, either wayPlaces in Hudson County that help with exactly this. Your email only if you want to hear back.
Hi, I'm Y. Kim. I run this page. I'm a renter in Jersey City, not a lawyer — so I'll tell you the rule, count your days with you, and point you to the people who can do the rest. Nothing here is legal advice.
If this is the first deposit you've ever had to chase, that's normal. Most people only do this every few years, and nobody teaches the rule.Nothing is sent until you press Send.
New Jersey law
The rule, in three lines
Short, and worth knowing whatever you decide to do next.
The deadline
30 daysCounted from the day the tenancy ends. N.J.S.A. 46:8-21.1.How it must arrive
In person, certified or registered mailThe statute names those three methods for returning it. An email or a text isn't one of them.What the statute says
The statute says “double”Where a court finds money was wrongfully withheld, plus costs. Whether that applies to you is a lawyer's call.A deposit can feel like a small thing to everyone except the person waiting on it. The rule is short, the count is simple, and there are real people in Hudson County whose job is to help with exactly this. You don't have to figure it out alone.
Help you can use today
Free, except where noted — and already there for you. We don't pay them and they don't pay us.
We are not paid for any of these and we do not pay to be listed. None of them ask you to sign anything to talk to them.
Questions people ask
The ones that come up most, answered plainly. Nothing here is legal advice.
I moved out before my lease ended. Does the 30-day rule still apply?
Courts have applied the deposit law to tenancies that end early, “whether by expiration of the contract period or by unilateral action by the tenant” (Veliz v. Meehan, App. Div. 1992). Rent for the period after you left is a separate question: a landlord must make reasonable efforts to re-rent and bears the burden of showing them (Sommer v. Kridel, 1977). Exactly when the 30 days start in an early move-out is a point for a lawyer to confirm.
My landlord emailed me a list of deductions. Does that count?
The statute names personal delivery, certified mail and registered mail. Email is not one of them.
It arrived a few days late. Does that matter?
In one published case the deposit came back after the 30-day window had closed, and the landlord argued that because the tenant had the money before suit was filed there was nothing left to double. The court disagreed: once the 30 days pass without return of the balance due, the statute's remedy applies (Kang In Yi v. Re/Max Fortune Properties, App. Div. 2001). New Jersey courts have also said a judge may not set the doubling aside because the delay looks small (Reilly v. Weiss, App. Div. 2009). How that reads against your own dates is a question for a lawyer.
I live in a two-family house and the owner lives downstairs.
The deposit law does not apply to owner-occupied buildings with two or fewer rental units unless the tenant gives the landlord 30 days’ written notice invoking the act (N.J.S.A. 46:8-26). Ask a lawyer about the notice if you are still living there.
What about the interest?
Landlords must keep the deposit in an insured interest-bearing account or money market fund, and each year either pay you the interest or credit it against rent; unpaid interest is part of what is owed (N.J.S.A. 46:8-19).
Small Claims or Special Civil Part?
New Jersey's Small Claims limit is $5,000 and it counts the doubling. Larger claims go on the Special Civil Part's DC docket, limit $20,000. Which applies to a particular claim is a question for a lawyer; this page does not sort claims into courts.
Can I do this myself?
Yes. The NJ Courts' Small Claims and Special Civil Part self-help pages explain how, and their forms are blank forms you fill in yourself. Whether to, and whether attorney's fees would be awarded, are questions for a lawyer.
What does “free lawyer review” mean, and who pays?
When a New Jersey law firm makes it available, a lawyer looks at what you sent and tells you whether the firm will take your matter. If it does, you sign the firm's own agreement, which sets out its terms and what, if anything, you would pay. Y. Kim is not part of any firm and is paid nothing for the introduction.
Who runs this, and is it legal advice?
Y. Kim, a Jersey City renter who is not a lawyer. The page gives general information about New Jersey law and counts days from the date you enter. It is not legal advice, it is not a law firm, and nothing here or in any email creates an attorney-client relationship. It does not tell you whether you have a claim or what to do. The privacy notice says what is collected and how to delete it.