Legal Question in Real Estate Law in New Jersey

Suing for Rental Deposit

I believe that I will have to sue my former landlords to get my rental

deposit back from them. Despite several attempts to contact them, I've

not receieved any communication from them and it has been several

months since I've moved out. What things should I do to prepare for the

impending case? What (or who) do I need to bring with me? Is there

something specific I should put on my court documents when filing?


Asked on 3/31/04, 3:37 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Suing for Rental Deposit

Under NJ law, failure to return residential security deposits withinn 30 days of lease termination entitles the former tenant to sue for triple damages. Cite this in your court papers. I hope all your attempts to reach the landlord by mail were sent certified mail, return receipt requested. Also, you should have proof of the deposit, your lease, any verification of interest payments on the deposit (either to you or the landlord). If the deposit was not held at interest, as required by law, you can sue for interest also. If this was a commercial lease, ignore the comments about triple damages and interest.

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Answered on 4/01/04, 1:22 pm


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