If the landlord still will not return the deposit after a clear written demand, court may be the next step. Keep this practical: court is about the money owed, the timeline, the itemization, and the proof.
New Jersey claim thresholds
The New Jersey DCA security deposit bulletin says security-deposit disputes not exceeding $5,000, including applicable penalties but not costs, are filed in Small Claims.
It also says disputes over $5,000 but less than $10,000 are filed in Special Civil Part.
Confirm current filing details with New Jersey Courts or the appropriate court clerk before filing.
What to prepare
Bring the file, not just the complaint:
- lease and deposit amount
- proof the lease ended and possession was returned
- deposit receipt and payment proof
- account and interest records
- itemized deduction list or proof none was sent
- refund records
- photos and condition evidence
- ownership or management-change records if relevant
- demand letters and delivery proof
Remedy language
A successful New Jersey late-return claim can support double the amount due, full costs, and discretionary attorney's fees. Attorney's fees are discretionary, not automatic.
The strongest record is usually a simple one: the deadline passed, the deposit plus interest was not properly returned, the itemization was missing or defective, or the deductions were unsupported.
Official sources
Source reviewed: April 2026.
Before filing
Confirm current forms, fees, filing location, service, hearing process, and local requirements with New Jersey Courts or the appropriate court clerk. Do not rely on a general website for local filing mechanics.