Sources checked:
Quick answer. New Jersey: deposit capped at 1.5 months of rent; deposit returned within 30 days; 24-hour entry notice; $50 eviction filing fee; $5,000 small claims limit. 18 of 23 items are confirmed on official pages; 5 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- 1.5 months' rent
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- See the rule
- Unpaid rent notice
- See the rule
- Entry notice
- 24 hours
- Filing fee
- $50
- Time to answer or appear
- At the hearing
- Judgment to writ
- 3 court days
- Writ to lockout
- 3 court days
- Small claims limit
- $5,000
Security deposit (6 of 6 confirmed)
Law read: N.J.S.A. 46:8-19 to 46:8-26 (Rent Security Deposit Act).
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ConfirmedDeposit limit
No more than one and one-half times one month's rent; any later yearly increase no more than 10% of the current deposit (46:8-21.2).
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
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ConfirmedReturn deadline
Within 30 days after the tenancy ends: the deposit plus interest, less lawful deductions, by personal delivery or registered or certified mail, with an itemized list of deductions. Within five business days if the tenant is displaced by fire, flood, condemnation or evacuation (46:8-21.1).
Displaced by fire, flood, condemnation or evacuation: 5 business days
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
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ConfirmedItemized list of deductions
An itemized list of deductions, sent by registered or certified mail (46:8-21.1).
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
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ConfirmedInterest on the deposit
The interest belongs to the tenant, paid in cash or credited toward rent at renewal or the anniversary, or each January 31 if the tenant was told in writing (46:8-19(c)).
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
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ConfirmedWhere the deposit is held
In an insured bank or savings and loan in New Jersey, in an interest-bearing account (46:8-19). Within 30 days of receiving the deposit, written notice of the institution's name and address, the type of account, the interest rate and the amount (46:8-19.1).
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
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ConfirmedPenalty the law states
The tenant may sue for double the amount wrongfully withheld (46:8-21.1).
Source: NJ Department of Community Affairs: Truth in Renting guide, checked November 2026
Who the deposit rules cover: The DCA guide says an owner-occupied two- or three-family dwelling is exempt unless the tenant asks in writing; the law then applies 30 days after the landlord receives the request.
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (4 of 6 confirmed)
What the official text says about each notice. Some New Jersey municipalities have rent control or other local ordinances that add requirements. The Anti-Eviction Act (N.J.S.A. 2A:18-61.1) applies statewide; check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Under the Anti-Eviction Act, a tenant covered by the Act can be removed only for one of the good-cause grounds it lists, even after a lease ends. The notice before filing depends on the ground (from three days to three years). | Source: New Jersey Department of Community Affairs: N.J.S.A. 2A:18-61.1, Anti-Eviction Act grounds for removal, checked November 2026 (N.J.S.A. 2A:18-61.1; 2A:18-61.2) |
| Ending month-to-month (tenant) | Not confirmed — check New Jersey Department of Community Affairs: Truth in Renting. The Truth in Renting guide says a month-to-month tenancy renews automatically unless the landlord or tenant acts to end it, but gives no tenant notice period. Check N.J.S.A. 46:8-10 and the lease. | |
| Rent increase notice | Not confirmed — check New Jersey Department of Community Affairs: Truth in Renting. The guide doesn't give the length of the notice. Check the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.). | |
| Unpaid rent notice | The written demand and notice in 2A:18-61.2 is not required before a judgment for nonpayment of rent (grounds a and f). Habitual late payment is a different ground with one month's notice. | Source: New Jersey Legislature: N.J.S.A. 2A:18-61.2 (required notice), checked November 2026 (N.J.S.A. 2A:18-61.2) |
| Entry notice | Reasonable notice is normally one day. | Source: New Jersey Department of Community Affairs: Truth in Renting, checked November 2026 (N.J.A.C. 5:10-1.2; 5:10-5.1) |
| Late fee limits | Tenants who are senior citizens receiving the benefits the law lists get a 5 business day grace period before a late charge. The guide states no cap. | Source: New Jersey Department of Community Affairs: Truth in Renting, checked November 2026 (N.J.S.A. 2A:42-6.1 to 6.3) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (7 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: The written demand and notice in 2A:18-61.2 is not required before a judgment for nonpayment of rent (grounds a and f). Habitual late payment is a different ground with one month's notice.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The Landlord Tenant Section of the Superior Court's Special Civil Part, in the county where the rental is.
in the Landlord Tenant section of the Superior Court of New Jersey, Special Civil Part.
Source: New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024), checked November 2026
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ConfirmedFiling fee
$50 for one tenant, $5 for each additional defendant, plus mileage; a warrant of removal is $35 more.
$50 for one defendant/tenant.
Source: New Jersey Courts: Landlord Tenant Frequently Asked Questions (CN 11483), checked November 2026
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
The tenant defends by coming to court on the trial date; a written statement can't be submitted instead.
As the tenant, you must attend court to defend against the landlord's claims against you.
Source: New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024), checked November 2026
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- Hearing or trial
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Not confirmedHearing after filing
Not confirmed — check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024). Not confirmed on an official page we opened.
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
Three business days after the judgment for possession, the landlord may ask the court for the warrant of removal.
Three business days after the judgment for possession is entered, the landlord may ask the court
Source: New Jersey Courts: Landlord Tenant Frequently Asked Questions (CN 11483), checked November 2026
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- Lockout Carried out by an officer, not by either side.
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ConfirmedWrit to lockout
After a Special Civil Part Officer serves the warrant, the tenant has three business days (not counting weekends or legal holidays) to leave.
within three business days after receiving this warrant.
Source: New Jersey Courts: Appendix XI-G(1) Residential Warrant of Removal (CN 12816), checked November 2026
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ConfirmedWho carries out the lockout
Only a Special Civil Part Officer, not the landlord, serves and executes the warrant of removal.
Only a Special Civil Part Officer can execute this warrant.
Source: New Jersey Courts: Appendix XI-G(1) Residential Warrant of Removal (CN 12816), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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ConfirmedPaying to stop the case
In a nonpayment case, paying everything owed by the close of business on the trial day stops the eviction; after a lockout, paying all rent due plus proper costs within three business days can restore the tenancy.
you cannot be evicted if you pay all the money that you owe by the close of business on the day of the trial.
Source: New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024), checked November 2026
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Not confirmedRight to counsel (statewide)
Not confirmed — check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024). Not confirmed on an official page we opened.
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The trial is scheduled at least 14 days after a case management conference; the pages don't say how soon that conference follows filing, so no hearing range is used. A court-approved settlor can help both sides reach an agreement. Business days skip weekends and legal holidays; New Jersey's own holidays can add a day.
Help the official pages name: Legal Services of New Jersey or the Legal Services Program in the county.
More: New Jersey eviction process · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$5,000 for security deposit claims; the general small claims limit is $5,000.
Not more than $5,000, including claims for a landlord's failure to return a security deposit. Recovering more than the limit in Small Claims waives the excess, and it can't be sued for later. Claims from $5,000 to $20,000 go to the regular Special Civil Part. Not for professional malpractice, support or alimony, or probate matters.
Filing fee to start a case: $35.
Source: New Jersey Courts: Small Claims FAQ (CN 11482, rev. 07/01/2022), checked November 2026
More: New Jersey small claims court
Still to confirm
- Ending month-to-month (tenant): check New Jersey Department of Community Affairs: Truth in Renting
- Rent increase notice: check New Jersey Department of Community Affairs: Truth in Renting
- Hearing after filing: check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024)
- Right to counsel (statewide): check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024)
- Diversion or mediation (statewide): check New Jersey Courts: Information for Residential Tenants (CN 10288, rev. 06/2024)
New Jersey kit
New Jersey Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the New Jersey return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How much can a security deposit be in New Jersey?
No more than one and one-half times one month's rent; any later yearly increase no more than 10% of the current deposit (46:8-21.2).
How long does a New Jersey landlord have to return a deposit?
Within 30 days after the tenancy ends: the deposit plus interest, less lawful deductions, by personal delivery or registered or certified mail, with an itemized list of deductions. Within five business days if the tenant is displaced by fire, flood, condemnation or evacuation (46:8-21.1). What goes with it: An itemized list of deductions, sent by registered or certified mail (46:8-21.1).
How much notice ends a month-to-month tenancy in New Jersey?
From the landlord: Under the Anti-Eviction Act, a tenant covered by the Act can be removed only for one of the good-cause grounds it lists, even after a lease ends. The notice before filing depends on the ground (from three days to three years).
What notice comes before an unpaid-rent case in New Jersey?
The written demand and notice in 2A:18-61.2 is not required before a judgment for nonpayment of rent (grounds a and f). Habitual late payment is a different ground with one month's notice.
How much notice before a landlord enters a rental in New Jersey?
Reasonable notice is normally one day.
How long does an eviction case take in New Jersey?
Time to answer or appear: At the hearing. Judgment to writ: 3 court days. Writ to lockout: 3 court days. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in New Jersey?
$50 for one tenant, $5 for each additional defendant, plus mileage; a warrant of removal is $35 more.
Related: Landlord rules by state · Kits for landlords