New Jersey Complaint - Lessor Failure to Return Security Deposit
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FAQ
You must file with the Small Claims section of the Superior Court in the county where the rental property is located or in the county where the defendant resides. If the amount does exceed $5,000, but is less than $10,000 you must file in the Special Civil Part of the Superior Court.
You can sue your landlord when: Your landlord discriminates against you. Your landlord takes your security deposit illegally. Your rental unit is inhabitable. The property owner interferes with your right to quiet enjoyment. Your landlord fails to make the necessary repairs.
Are they withholding amenities, ignoring your requests for maintenance, increasing your rent, or evicting you without proper notice? All of the above behaviors are a form of ?landlord harassment.?
Refunds of Security Deposits Section 92.103 states: the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.
In New Jersey, a landlord cannot force tenants to move out for no reason, but the rules do vary. First, you need to consider the lease terms. If it's a short-term rental with a month-to-month lease, then you'll only need to give one month's notice before eviction.
New Jersey is not landlord-friendly because laws favor tenants. Many cities have rent control policies, there are limits on rent increases, and the eviction process can be slow. Read more of our state landlord tenant law guides here.
If, however, the landlord refuses to return your security deposit because your landlord says that you failed to pay rent or damaged the apartment, you must generally go to Small Claims Court to resolve the dispute.
The Bureau of Housing Inspection is the enforcement agency for housing code violations in buildings with three or more rental units. To file a complaint contact the Bureau of Housing Inspection at (609) 633-6227 or BHIInspections@dca.nj.gov.
