Security Deposit Interest NJ: What Your Landlord Owes You (2026)

✓ Law Verified September 28, 2026

security deposit interest nj law, found in N.J.S.A. 46:8-19, says the interest your deposit earns belongs to you, not your landlord. The key security deposit interest nj deadline is 30 days to tell you, in writing, where your money is held.

The short answer: Under security deposit interest nj rules, your deposit is still your money. Your landlord must keep it in an interest-bearing account at a New Jersey bank or fund. They must tell you in writing where it is within 30 days. They must also pay you the interest every year, in cash or as a credit toward rent. If they skip these steps, you may be able to use the deposit plus 7% per year toward your rent.

What Security Deposit Interest NJ Actually Says

The law starts with one big idea. Your deposit stays your property. The landlord holds it “in trust” for you. They cannot mix it with their own money or treat it as their asset. The interest it earns is yours too.

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Where the money goes depends on building size. A landlord with deposits for 10 or more units must use an insured money market fund based in New Jersey. Or they can use a New Jersey bank account with a variable rate, set at least quarterly. However, a landlord with fewer than 10 units only needs an insured New Jersey bank account. That account pays the bank’s current rate on time or savings deposits.

Notice what the statute does not do. It does not set a fixed interest rate. You get what the account actually earns. As a result, your security deposit interest nj payment may be small in some years. Still, it belongs to you. The bulletin also says landlords can no longer take administrative fees out of it. You can read the full text in the official Security Deposit Law (N.J.S.A. 46:8-19 through 26).

Provision Exact rule Section
Who owns the deposit You do. Held in trust; not mixed with landlord’s money N.J.S.A. 46:8-19
Where it is held (10+ units) Insured NJ money market fund, or NJ bank account with a variable rate set at least quarterly N.J.S.A. 46:8-19(a)
Where it is held (under 10 units) Insured NJ bank account paying the current time or savings rate N.J.S.A. 46:8-19(b)
Written notice to you Within 30 days of getting the deposit; within 30 days of moving it; at each annual interest payment N.J.S.A. 46:8-19(c)
Interest payment Every year, in cash or as rent credit at renewal or anniversary, or January 31 if you were told in writing N.J.S.A. 46:8-19(c)
Your remedy if broken Deposit plus 7% per year applied to rent, after written notice N.J.S.A. 46:8-19(c)
Deposit cap 1.5 times one month’s rent; yearly increases capped at 10% of the current deposit N.J.S.A. 46:8-21.2
Return at move-out Within 30 days, with interest and an itemized list N.J.S.A. 46:8-21.1

Who Security Deposit Interest NJ Covers (and Who It Does Not)

In most cases, security deposit interest nj protections apply to you. The law covers all rental units used as homes. There is one main exception. It is an owner-occupied building with two or fewer rental units. For example, you rent the top floor of a two-family home where the owner lives downstairs.

However, even that tenant can opt in. You just give the landlord 30 days written notice that you want the law’s protection. You can do this at any time during your tenancy. After that, the full security deposit interest nj rules apply. Also, any lease clause where you “waive” these rights is void under N.J.S.A. 46:8-24.

Seasonal rentals are treated differently. A seasonal rental is 125 consecutive days or less, rented by someone with a permanent home elsewhere. For these, the bank and investment rules do not apply. The landlord must prove the rental is seasonal. Housing for seasonal or migrant farm workers does not count as seasonal. Some towns may have extra local rules, so check with your municipal office.

What Your Landlord Must Do Under This Law

Your landlord’s first job is the written notice. It must name the bank or fund and its address. It must list the account type, the current interest rate, and the amount deposited. This notice can be part of your lease. Typically, you should see it right after you pay. If you have not, security deposit interest nj rules put the burden on your landlord, not you.

Key deadlines: Written notice within 30 days of receiving your deposit. New notice within 30 days of moving your money to another bank or account. A notice with every annual interest payment. A new owner must give notice within 30 days of buying the property. At move-out, your deposit plus interest and an itemized list are due within 30 days, by personal delivery, registered or certified mail.

If the building is sold, your deposit follows you. The old owner must hand it over within 5 days of delivering the deed. They must tell you by registered or certified mail. Either way, the new owner is responsible for your deposit and your security deposit interest nj payments. That is true even if the old owner never passed the money along.

Special timelines apply in emergencies. If a fire, flood, condemnation, or evacuation displaces you, the deposit is due within 5 business days of your request. If you end a lease under the domestic violence law, N.J.S.A. 46:8-9.6, it is due within 15 business days.

What You Can Do When It Is Broken

If your landlord never gave notice or never banked the money properly, you have a strong tool. You can tell them in writing to apply your deposit, plus 7% per year, toward your rent. After that, they cannot demand another deposit while you live there. For example, this is the remedy many tenants use when they never received a bank notice.

However, there is a catch for missed yearly steps. If the landlord only skipped the annual interest payment or annual notice, you must first send written notice. Then you must give them 30 days to fix it. This waiting period does not apply if they never properly deposited your money at the start. The NJ DCA Security Deposit Bulletin includes a sample letter. Send it certified or registered mail, return receipt requested.

Using your deposit as rent can carry risk if your landlord disputes it. As a result, keep copies of everything. Talk to Legal Services of New Jersey or a tenant attorney first if you can. If you already face an eviction notice, contact legal aid right away.

At move-out, if your landlord does not return the deposit within 30 days, you can sue. If you win, the court must award double the amount owed, plus court costs. It may also award attorney’s fees. Security deposit interest nj claims up to $5,000 go to Small Claims (N.J.S.A. 46:8-21.4). Larger claims go to the Special Civil Part. Confirm the current dollar limits with your county court.

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A landlord who knowingly diverts your deposit can face a fine of at least $200, up to 30 days in jail, or both (N.J.S.A. 46:8-25).

Frequently Asked Questions

How much interest should I get on my deposit in New Jersey?

The statute does not set a fixed percent. Your security deposit interest nj payment equals what the actual account earns. Check your annual notice for the bank and the current rate.

My landlord never told me which bank holds my deposit. What now?

That notice was due within 30 days of your payment. You may be able to send written notice applying your deposit plus 7% per year to rent. Consider talking with a local legal-aid office before you withhold anything.

Can my landlord keep the interest as a fee?

No. Under security deposit interest nj law, the interest belongs to you. The state bulletin says landlords can no longer take administrative fees from deposit money.

Bottom line: Your deposit and its interest are your money, held in trust. Under security deposit interest nj rules, your landlord owes you a written notice within 30 days and an interest payment every year. If they break these rules, put everything in writing and check with a local legal-aid office about your options.

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Find Your State’s Exact Rules

Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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Renting? Protect your belongings — compare renters insurance at Home Insure Guide. Divorce involving a lease? See Divorce Help Guide. Unsafe housing / toxic mold injury? Some cases qualify — see Mass Tort Info.