SECURITY DEPOSIT LAW
N.J.S.A. 46:8-19 THROUGH 26
Updated May 2010
46:8-19. Security deposits; investment, deposit, disposition
Whenever money or other form of security shall be deposited or advanced on a contract, lease
or license agreement for the use or rental of real property as security for performance of the
contract, lease or agreement or to be applied to payments upon such contract, lease or agreement
when due, such money or other form of security, until repaid or so applied including the tenant's
portion of the interest or earnings accumulated thereon as hereinafter provided, shall continue to
be the property of the person making such deposit or advance and shall be held in trust by the
person with whom such deposit or advance shall be made for the use in accordance with the
terms of the contract, lease or agreement and shall not be mingled with the personal property or
become an asset of the person receiving the same.
The person receiving money so deposited or advanced shall:
a. (1) Invest that money in shares of an insured money market fund established by an
investment company based in this State and registered under the "Investment Company Act of
1940," 54 Stat. 789 (15 U.S.C. § 80a-1 et seq.) whose shares are registered under the "Securities
Act of 1933," 48 Stat. 74 (15 U.S.C. § 77a. et seq.) and the only investments of which fund are
instruments maturing in one year or less, or (2) deposit that money in a State or federally
chartered bank, savings bank or savings and loan association in this State insured by an agency
of the federal government in an account bearing a variable rate of interest, which shall be
established at least quarterly, which is similar to the average rate of interest on active interest-
bearing money market transaction accounts paid by the bank or association, or equal to similar
accounts of an investment company described in paragraph (1) of this subsection.
This subsection shall not apply to persons receiving money for less than 10 rental units
except where required by the Commissioner of Banking and Insurance by rule or regulation. The
commissioner shall apply the provisions of this subsection to some or all persons receiving
money for less than 10 rental units where the commissioner finds that it is practicable to deposit
or invest the money received with an investment company or State or federally chartered bank,
savings bank or savings and loan association in accordance with this subsection. Except as
expressly provided herein, nothing in this subsection shall affect or modify the rights or
obligations of persons receiving money for rental premises or units, tenants, licensees or
contractees under any other law.
b. Persons not required to invest or deposit money in accordance with subsection a. of this
section shall deposit such money in a State or federally chartered bank, savings bank or savings
and loan association in this State insured by an agency of the federal government in an account
bearing interest at the rate currently paid by such institutions and associations on time or savings
deposits.
c. The person investing the security deposit pursuant to subsection a. or b. of this section
shall notify in writing each of the persons making such security deposit or advance, giving the
name and address of the investment company, State or federally chartered bank, savings bank or
savings and loan association in which the deposit or investment of security money is made, the
type of account in which the security deposit is deposited or invested, the current rate of interest
for that account, and the amount of such deposit or investment, in accordance with the following:
within 30 days of the receipt of the security deposit from the tenant;
within 30 days of moving the deposit from one depository institution or fund to another,
except in the case of a merger of institutions or funds, then within 30 days of the date the person
investing the security deposit receives notice of that merger, or from one account to another
account, if the change in the account or institution occurs more than 60 days prior to the annual
interest payment;
within 30 days after the effective date of P.L. 2003, c. 188 (C. 46:8-21.4);
(4) at the time of each annual interest payment; and
(5) within 30 days after the transfer or conveyance of ownership or control of the property
pursuant to section 2 of P.L. 1967, c. 265 (C. 46:8-20).
All of the money so deposited or advanced may be deposited or invested by the person
receiving the same in one interest-bearing or dividend yielding account as long as he complies
with all the other requirements of this act.
The interest or earnings paid thereon by the investment company, State or federally chartered
bank, savings bank or savings and loan association, shall belong to the person making the deposit
or advance and shall be paid to the tenant in cash, or be credited toward the payment of rent due
on the renewal or anniversary of said tenant's lease or on January 31, if the tenant has been given
written notice after the effective date of P.L. 2003, c. 188 and before the next anniversary of the
tenant's lease, that subsequent interest payments will be made on January 31 of each year.
If the person receiving a security deposit fails to invest or deposit the security money in the
manner required under this section or to provide the notice or pay the interest to the tenant as
required under this subsection, the tenant may give written notice to that person that such
security money plus an amount representing interest at the rate of seven percent per annum be
applied on account of rent payment or payments due or to become due from the tenant, and
thereafter the tenant shall be without obligation to make any further security deposit and the
person receiving the money so deposited shall not be entitled to make further demand for a
security deposit. However, in the case of a failure by the person receiving the security deposit to
pay the annual interest or to provide the annual notice at the time of the annual interest payment,
if the annual notice is not also serving as a notice of change of account or institution, before the
tenant may apply the security deposit plus interest on account of the rent payment or payments
due or to become due on the part of the tenant, the tenant shall first give that person a written
notice of his failure and shall allow that person 30 days from the mailing date or hand delivery of
this notice to comply with the annual interest payment or annual notice, or both.
d. The provisions of this section requiring that the security advanced be deposited or invested
in a money market fund, or in an interest bearing account in a State or federally chartered bank,
savings bank or savings and loan association shall not apply to any security advanced on a
contract, lease or license agreement for the seasonal use or rental of real property. For purposes
of this paragraph "seasonal use or rental" means use or rental for a term of not more than 125
consecutive days for residential purposes by a person having a permanent place of residence
elsewhere. "Seasonal use or rental" does not mean use or rental of living quarters for seasonal,
temporary or migrant farm workers in connection with any work or place where work is being
performed. The landlord shall have the burden of proving that the use or rental of the residential
property is seasonal.
HISTORY: L. 1967, c. 265, § 1; amended 1971, c. 223, § 1; 1973, c. 195; 1979, c. 28, § 1; 1985, c. 42, § 1; 1990, c. 100; 1997, c. 310; 2003, c.
188, § 1, eff. Jan. 1, 2004.
46:8-19.1. Rules, regulations
The Commissioner of Banking may, in his discretion, promulgate rules and regulations with
respect to the establishment of the method of computing the interest due to either the person
receiving the money as a security deposit or to the tenant pursuant to the provisions of P.L. 1967,
c. 265 (C. 46:8-19 et seq.) or P.L. 1971, c. 223 (C. 46:8-21.1 et seq.) if the money is deposited in
an account or in shares of an investment company upon which the interest varies on a periodic
basis.
HISTORY: L. 1985, c.42, s. 5, eff. Aug. 1, 1985
46:8-20. Procedure on conveyance of property
Any person, whether the owner or lessee of the property leased, who or which has or hereafter
shall have received from a tenant or licensee a sum of money as a deposit or advance of rental as
security for the full performance by such tenant or licensee of the terms of his contract, lease or
license agreement, or who or which has or shall have received the same from a former owner or
lessee, shall, upon conveying such property or assigning his or its lease to another, or upon the
conveyance of such property to another person by a court in an action to foreclose a mortgage
thereon, at the time of the delivery of the deed or instrument of assignment, or within five days
thereafter, or in the event of the insolvency or bankruptcy of the person receiving said deposit,
within five days after the making and entry of an order of the court discharging the receiver or
trustee, deal with the security deposit by turning over to his or its grantee or assignee, or to the
purchaser at the foreclosure sale the sum so deposited, plus the tenant's portion of the interest or
earnings accumulated thereon, and notify the tenant or licensee by registered or certified mail of
such turning over and the name and address of such grantee, assignee or purchaser.
Notwithstanding any other provision of law to the contrary, it shall be the duty and obligation of
the grantee, assignee or purchaser to obtain from the grantor who is the owner or lessee at the
time of the transfer, conveyance or purchase any and all security deposits, plus accrued interest
on the deposits, that the owner or lessee received from a tenant, licensee or previous owner or
lessee, and which deposits were invested, or should have been invested, in the manner required
by section 1 of P.L. 1967, c. 265 (C. 46:8-19).
HISTORY: L.1967,c.265,s.2; amended 1971, c.223, s.2; 1979, c.28, s.2; 1985, c.42, s.2; 2003, c.188, s.2.
46:8-21. Liability on transfer
Any owner or lessee turning over to his or its grantee, assignee, or to a purchaser of the leased
premises at a foreclosure sale the amount of such security deposit, plus the tenant's portion of the
interest or earnings accumulated thereon, is hereby relieved of and from liability to the tenant or
licensee for the repayment thereof. Whether or not the deposit plus accumulated interest are so
transferred, the grantee, assignee or purchaser of the leased premises is nevertheless responsible
for the proper investment of the security deposit, giving all notices and paying interest pursuant
to section 1 of P.L. 1967, c. 265 (C. 46:8-19) and for the return of the security deposit, plus any
accumulated earnings or interest thereon, to the tenant or licensee, in accordance with the terms
of the contract, lease, or agreement unless he or it shall thereafter and before the expiration of the
term of the tenant's lease or licensee's agreement, transfer such security deposit to another,
pursuant to section 2 of P.L. 1967, c. 365 (C. 46:8-20) and give the requisite notice in connection
therewith as provided thereby.
HISTORY: L. 1967, c. 265, § 3; amended 1971, c. 223, § 5; 1985, c. 42, § 3; 2003, c. 188, § 3, eff. Jan. 1, 2004.
46:8-21.1 Return of deposit; displaced tenant; termination of lease; civil penalties, certain.
Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner
or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus
the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in
accordance with the terms of a contract, lease, or agreement, to the tenant or licensee, or, in the
case of a lease terminated pursuant to P.L.1971, c.318 (C.46:8-9.1), the executor or administrator
of the estate of the tenant or licensee or the surviving spouse of the tenant or licensee so
terminating the lease. The interest or earnings and any such deductions shall be itemized and the
tenant, licensee, executor, administrator or surviving spouse notified thereof by personal
delivery, registered or certified mail. Notwithstanding the provisions of this or any other section
of law to the contrary, no deductions shall be made from a security deposit of a tenant who
remains in possession of the rental premises.
Within five business days after:
a. the tenant is caused to be displaced by fire, flood, condemnation, or evacuation, and
b. an authorized public official posts the premises with a notice prohibiting occupancy; or
c. any building inspector, in consultation with a relocation officer, where applicable, has
certified within 48 hours that displacement is expected to continue longer than seven days and
has so notified the owner or lessee in writing, the owner or lessee shall have available and return
to the tenant or the tenant's designated agent upon his demand the sum so deposited plus the
tenant's portion of the interest or earnings accumulated thereon, less any charges expended in
accordance with the terms of the contract, lease or agreement and less any rent due and owing at
the time of displacement.
Such net sum shall continue to be available to be returned upon demand during normal
business hours for a period of 30 days at a location in the same municipality in which the subject
leased property is located and shall be accompanied by an itemized statement of the interest or
earnings and any deductions. The owner or lessee may, by mutual agreement with the municipal
clerk, have the municipal clerk of the municipality in which the subject leased property is located
return said net sum in the same manner. Within three business days after receiving notification
of the displacement, the owner or lessee shall provide written notice to a displaced tenant by
personal delivery or mail to the tenant's last known address. In the event that a lease terminates
as described in section 3 of P.L.2008, c.111 (C.46:8-9.6), within three business days after the
termination, the owner or lessee shall provide written notice to the victim of domestic violence
by personal delivery or mail to the tenant's last known address. Such notice shall include, but not
be limited to, the location at which and the hours and days during which said net sum shall be
available to him. The owner or lessee shall provide a duplicate notice in the same manner to the
relocation officer. Where a relocation officer has not been designated, the duplicate notice shall
be provided to the municipal clerk. When the last known address of the tenant is that from
which he was displaced and the mailbox of that address is not accessible during normal business
hours, the owner or lessee shall also post such notice at each exterior public entrance of the
property from which the tenant was displaced.
Any such net sum not demanded by and returned to the tenant or the tenant's designated
agent within the period of 30 days shall be redeposited or reinvested by the owner or lessee in an
appropriate interest bearing or dividend yielding account in the same investment company, State
or federally chartered bank, savings bank or savings and loan association from which it was
withdrawn. In the event that said displaced tenant resumes occupancy of the premises, said
tenant shall redeliver to the owner or lessee one-third of the security deposit immediately, one-
third in 30 days and one-third 60 days from the date of reoccupancy. Upon the failure of said
tenant to make such payments of the security deposit, the owner or lessee may institute legal
action for possession of the premises in the same manner that is authorized for nonpayment of
rent.
The Commissioner of Community Affairs, the Public Advocate, the Attorney General, or
any State entity which made deposits on behalf of a tenant may impose a civil penalty against an
owner or lessee who has willfully and intentionally withheld deposits in violation of section 1 of
P.L.1967, c.265 (C.46:8-19), when the deposits were made by or on behalf of a tenant who has
received financial assistance through any State or federal program, including welfare or rental
assistance. An owner or lessee of a tenant on whose behalf deposits were made by a State entity
and who has willfully and intentionally withheld such deposits in violation of this section shall
be liable for a civil penalty of not less than $500 or more than $2,000 for each offense. The
penalty prescribed in this paragraph shall be collected and enforced by summary proceedings
pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The
State entity which made such deposits on behalf of a tenant shall be entitled to any penalty
amounts recovered pursuant to such proceedings.
In any action by a tenant, licensee, executor, administrator or surviving spouse, or other
person acting on behalf of a tenant, licensee, executor, administrator or surviving spouse, for the
return of moneys due under this section, the court upon finding for the tenant, licensee, executor,
administrator or surviving spouse shall award recovery of double the amount of said moneys,
together with full costs of any action and, in the court's discretion, reasonable attorney's fees.
HISTORY: L. 1971, c. 223, § 3; amended 1974, c. 151, § 1; 1979, c. 115, § 1; 1985, c. 42, § 4; 1985, c. 317, § 1; 2003, c. 188, § 4, eff. Jan. 1,
2004; 2007, c. 9, § 2, eff. Jan. 24, 2007, L. 2008, c.111.
46:8-21.2. Limitation on amount of deposit
An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental
according to the terms of contract, lease, or agreement as a security for the use or rental of real
property used for dwelling purposes. Whenever an owner or lessee collects from a tenant an
additional amount of security deposit, the amount collected annually as additional security shall
not be greater than 10 percent of the current security deposit.
HISTORY: L. 1971, c. 223, § 4; amended 2003, c. 188, § 5, eff. Jan. 1, 2004.
46:8-21.3. Security deposits prior to effective date of act; date of compliance
Security deposits made prior to the effective date of this act shall comply with the provisions of
this act within 90 days of the effective date thereof.
HISTORY: L. 1971, c. 223, 6, eff. June 21, 1971.
46:8-21.4. Small claims jurisdiction of actions on security deposits less than $5,000
Notwithstanding any law or rule to the contrary, the Division of Small Claims of the Superior
Court, Law Division, Special Civil Part shall have jurisdiction of actions between an owner or
lessee and tenant for the return of all or a part of a security deposit in which the amount in
dispute, including any applicable penalties, does not exceed the sum of $ 5,000, exclusive of
costs.
HISTORY: L. 2003, c. 188, § 6, eff. Jan. 1, 2004.
46:8-21.5. Deposit recovery, certain; court action not required for tenant receiving
financial assistance
A tenant who has received financial assistance through any State or federal program, including
welfare or rental assistance, shall not be required to file an action in court to recover deposits
withheld by a landlord in violation of P.L.1967, c.265 (C.46:8-19 et seq.) in order to continue
participation in any such program.
HISTORY: L. 2007, c. 9, § 1, eff. Jan. 24, 2007.
46:8-22. Enforcement of trust by civil action
Any trust arising under the provisions of this act shall be enforceable by a civil action in a
court of competent jurisdiction and that court shall have jurisdiction to make any appropriate
order or judgment both pendente lite and final to fully effectuate the purposes of this act.
HISTORY: L.1967,c.265,, EFF. Jan. 1, 1968
46:8-23. Statutory trust upon insolvency or bankruptcy of person receiving security deposit
In the event of the insolvency or bankruptcy of the person receiving the said moneys, the claim
of the person who paid the said moneys shall constitute a statutory trust with respect to any
moneys so received and not previously expended in accordance with the terms of the contract,
lease or agreement.
HISTORY: L. 1967, c. 265, 5, eff. Jan. 1, 1968.
46:8-24. Waiver by depositor prohibited
Any provision of such a contract, lease or agreement whereby a person who so deposits or
advances money waives any provision of this act is absolutely void.
HISTORY: L. 1967, c. 265, 6, eff. Jan. 1, 1968.
46:8-25. Unlawful diversion of trust funds; penalty
Any person party to said contract, lease or agreement, or any agent of said person, or any
officer of a corporation receiving said moneys, who, with knowledge that such moneys constitute
trust funds, unlawfully diverts or consents to an unlawful diversion of such moneys shall be a
disorderly person and subject to a fine of not less than $ 200.00 or by imprisonment for not more
than 30 days, or both.
HISTORY: L. 1967, c. 265, 7, eff. Jan. 1, 1968.
46:8-26. Application of act
The provisions of this act shall apply to all rental premises or units used for dwelling purposes
except owner-occupied premises with not more than two rental units where the tenant has failed
to provide 30 days written notice to the landlord invoking the provisions of this act.
HISTORY: L. 1967, c. 265, 8, eff. Jan. 1, 1968. Amended by L. 1968, c. 46, 1, eff. May 22, 1968; L. 1971, c. 223, 7, eff. June 21, 1971; L. 1979,
c. 28, 3, eff. Feb. 22, 1979.