Security Deposit Landlord failed to return security deposit in 30days

[AManzi]

Jurisdiction

New Jersey

Hi,
My landlord failed to return my security deposit in 30 days (it took her 60) she also took out 1100 in damages. Under NJ law I know she has to notify me in 30 days. I can now sue her for double the amount not returned. Are the damages even a factor here? If I sue will I have to prove the damages are not my responsibility or has she forfeited the right to take damages out because she failed to notify me in 30 days?

 

[army judge]

Hi,
My landlord failed to return my security deposit in 30 days (it took her 60) she also took out 1100 in damages. Under NJ law I know she has to notify me in 30 days. I can now sue her for double the amount not returned. Are the damages even a factor here? If I sue will I have to prove the damages are not my responsibility or has she forfeited the right to take damages out because she failed to notify me in 30 days?

Yes, you'll have to show PROOF that the damages subtracted were REAL.

You'd be smart to PROVE otherwise.

Why?

If the damages were $500 of a $2500 deposit, only $2,000 doubles.
Prove otherwise, the full $2,500 could double, if you prevail.

 

[adjusterjack]

Correct.

Here's the wording of the penalty part of the statute:

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.

And here's the complete security deposit statute:

2013 New Jersey Revised Statutes :: Title 46 - PROPERTY :: Section 46:8-21.1 - Return of deposit; displaced tenant; termination of lease; civil penalties, certain.