Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lakewood, NJ asked in Landlord - Tenant, Social Security, Real Estate Law and Public Benefits for New Jersey

Q: How can I get my security deposit back from apartment management in Jackson, NJ?

I am a disabled adult having trouble getting my security deposit back from my apartment in Jackson, NJ. The management is disputing the condition of the carpet and vinyl flooring, although I have taken pictures of the apartment as evidence. Additionally, there were issues with a worker affecting this situation. How can I address this with management to receive my deposit back?

2 Lawyer Answers
Zachary Whelan
PREMIUM
Answered

A: Hi! The answer to your question depends on if your lease terminated already. If your lease terminated, then your landlord should have sent you an itemized list of damages to the property within 30 days of the lease termination. If your landlord did not do that, then your landlord is in violation of the Security Deposit Act. If your landlord sent you an itemized list and you want to dispute it, then you may need to file an action in the superior court contesting the damages. If your lease has not terminated, then you should try to resolve the damages before litigation. Hope this helps!

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It’s understandable to feel frustrated when a landlord withholds your security deposit, especially when you’ve taken steps to protect yourself by documenting the condition of the apartment. In New Jersey, your landlord is legally required to return your **security deposit within 30 days** after you move out. If they deduct money for damages, they must provide an **itemized list of deductions in writing**, along with any receipts or estimates. Normal wear and tear, such as light carpet wear or minor scuffs on vinyl, cannot legally be used as a reason to withhold your deposit. Your photos and any communications with management will serve as important evidence if you need to take further action.

Start by sending a **formal demand letter** to the apartment management. In your letter, reference New Jersey’s Security Deposit Law, include your forwarding address, and request the full return of your deposit within a specific deadline—typically 10 business days. Attach or mention that you have dated photos proving the apartment’s condition at move-out. Keep a copy of the letter and send it by **certified mail** so you have proof of delivery. Often, landlords resolve the issue once they realize you are asserting your legal rights and have documented evidence.

If the management still refuses to return your deposit or fails to respond, you can file a **small claims court case** for up to $5,000 in the county where the property is located. The court may order them to return your full deposit and, in some cases, pay additional penalties if they violated state law. Make sure to bring your photos, move-out inspection records, and all written correspondence with you to court. Taking these steps shows that you’re acting responsibly and within your rights, and it gives you a strong chance of recovering your security deposit.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.