Hi Robert,
Here is some info on NJ rental security guidelines. Hope thsi helps:
SECURITY DEPOSIT BULLETIN
May 2010
This bulletin outlines the laws pertaining to security deposits for residential rental properties in
New Jersey, pursuant to the Security Deposit Law, as set forth in N.J.S.A. 46:8-19 through 26
and as may be interpreted by a court of law. Landlords are permitted to charge security deposits
as security for the full performance of all of the terms of a lease. The security deposit law was
created to protect tenants from landlords who require security deposits and then divert the
deposits for their own use. This bulletin is for informational purposes only and should not be
used for legal interpretations or legal advice. Please consult an attorney for legal services and
advice when necessary.
APPLICABILITY
The Security Deposit Law applies to all rental premises or units used for dwelling purposes
except owner-occupied premises with not more than two rental units. However, a tenant
residing in an owner-occupied premise with not more then two rental units can invoke the
protections of the Act by giving the landlord 30 days written notice of the tenants desire to
receive the Act’s protection. Such written notice may be given at any time during the tenancy.
AMOUNT OF SECURITY DEPOSIT
Landlords are not permitted to require more than one and one half times the monthly rental
payment as a security deposit. Any additional yearly security deposit increase may not exceed
10% of the current security deposit. There is no time limitation within the statute for making a
request of a deposit.
Note: Be sure to obtain signed, dated receipts marked “security deposits”. Keep receipts for
your records.
DEPOSIT OR INVESTMENT OF SECURITY DEPOSIT
a) Landlords receiving security deposits for 10 or more rental units shall invest or deposit
security deposits in an insured money market fund established by an investment company based
in New Jersey, or in an account that bears a variable rate of interest, at a State of federally
chartered bank, savings bank or savings and loan association insured by the federal government
and located in New Jersey. All deposits and investments shall be made in accordance with the
Security Deposit Law. The security deposit shall be used in accordance with the contract, lease
or agreement and shall not be mingled with the personal property or become an asset of the
landlord.
b) Landlords subject to this law, receiving security deposits for less than 10 rental units shall
deposit money in a State or federally chartered banking institution, in this State insured by the
federal government in an account that bears interest on time or savings deposits. The
Commissioner of Banking and Insurance, by rule or regulation, may require some or all persons
receiving money for less than 10 rental units to follow the investment and deposit requirements
that apply to landlords with more than 10 rental units.
Administrative and Service Fees
Pursuant to P.L. 2003, c. 188 landlords are no longer allowed to take administrative
expenses from security deposit money. The earnings or interest belongs to the tenant. The
tenant’s interest or earnings shall be paid to the tenant in cash, or credited toward payment of
rent due on the renewal or anniversary of the lease or on January 31, if the tenant has been
given written notice that the interest payments will be paid on January 31, of each year.
The landlord must give a security deposit notice at the time of each annual interest payment to
the tenant.
Notice of Deposit of Security Funds
Landlords are required to give tenants a statement in writing including the name and address of
the investment company, bank or savings and loan association along with the type of account,
current rate of interest and amount deposited within 30 days of receipt of a security deposit.
This notice may appear in the lease. The landlord must notify tenants within 30 days of
transferring security deposit money to a new landlord or moving the security deposit to another
account or bank. If notification is not given or if the security is not deposited or invested in
accordance with this law, the tenant has the right to require that the security deposit, plus 7 %
per year be applied toward any rent due. This request must be made in writing. However, after
giving the landlord written notice the tenant must allow the landlord 30 days to comply with the
annual interest payment and notice requirements. The 30-day allowance is not required, if the
landlord failed to properly deposit the initial security deposit money.
HTH,
Chris