Search Rutgers Law Library N.J. Court Opinions

16 CHASITY ALVARADO v. ESTRELLA PIEMONTESE -- rank: 655

... her for improperly withholding the plaintiff/tenant's security deposit. N.J.S.A. 46:8-21.1. We affirm the judgment in favor of the plaintiff ... testimony; by finding that defendant violated the security deposit statute, N. J . S .A. 46:8-21.1; and by failing to enter judgment in defendant's ... accordance with the terms of a . . . lease . . . to the tenant." N.J.S.A. 46:8-21.1. Further, if the landlord violates that statute, "the court ... the security deposit to the plaintiff constituted a violation of N.J.S.A. 46:8-21.1. By so doing, the judge implicitly rejected defendant's ... We accordingly accept the judge's conclusion that defendant violated N.J.S.A. 46:8-21.1 when she withheld plaintiff's security deposit. Defendant further ... judge to enter judgment against the defendant for having violated N.J.S.A. 46:8-21.1, namely that plaintiff had not damaged the premises, ...

docket:	a4812-05
court:	njappellate
decided:	2007-01-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	33214

17 KIMBERLY BAKER v. LA PIERRE, INC -- rank: 652

... a contract, lease, or agreement, to the tenant or licensee . . . . [ N.J.S.A. 46:8-21.1.] The Security Deposit Act is silent on where disputes ... not exceed the sum of $5,000, exclusive of costs. [ N.J.S.A. 46:8-21.4.] Special Civil Part venue is determined by Rule 6 ... personal delivery, registered or certified mail the sum so deposited[.]" N.J.S.A. 46:8-21.1. In the event delivery is not made within thirty ... same municipality in which the subject leased property is located [.]" N.J.S.A. 46:8-21.1(c) (emphasis added). We also take guidance from other ...

docket:	a0325-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-04
status:	unpublished
citation:
Document Size:	27530

18 /usr/local/share/www/libweb/collections/courts/appellate/a1771-18.opn.html -- rank: 646

... the issue of whether a specific security deposit penalty provision, N.J.S.A. 46:8- 21.1, superseded the fees section of the Special Civil Part ...

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Document Size:	45066

19 CHARLES W. C. JOHNSTON v. MARK CAMIOLO -- rank: 646

... forth in N.J.S.A. 46:8-19 and N.J.S.A. 46:8-21.1. On appeal, plaintiff claims that the trial judge misconstrued ... 46:8-19. Further, Camiolo asserted that Johnston had violated N.J.S.A. 46:8-21.1 by not returning or accounting for Camiolo's security ... of the location of the security deposit and had violated N.J.S.A. 46:8-21.1 by failing to return or account for the deposit ...

docket:	a6165-04
court:	njappellate
decided:	2006-03-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25000

20 KANG IN YI v. RE/MAX FORTUNE PROPERTIES, INC., et al. -- rank: 643

... A.D.     This case involves the construction and application of N.J.S.A. 46:8-21.1. That statute requires a landlord, within thirty days from ... policy could or should be engrafted on the statutory scheme.").      N.J.S.A. 46:8-21.1 provides in relevant part:             Within 30 days after the ... that the latter approach is required. The plain language of N.J.S.A. 46:8-21.1, especially the reference to "said moneys", bespeaks a Legislative ... damages sought by plaintiff beyond the double damages provided in N.J.S.A. 46:8-21.1 are not authorized by the statute. The doubling of ...

docket:	A2720-99
court:	NJ Superior Court Appellate Division
decided:	2001-04-11
status:	published
citation:	338 N.J. Super. 534
Document Size:	15376

21 KATHLEEN GARNER v. PACIFIC LANDING, LLC -- rank: 637

... However, because the trial judge incorrectly applied the law under N.J.S.A. 46:8-21.1, we vacate the judgment and remand the matter to ... property damage caused by plaintiff. The court found defendant violated N.J.S.A. 46:8-21.1, the Security Deposit Act (SDA), in failing to return ... charges expended in accordance with the terms of [the] . . . lease . . . .' N.J.S.A. 46:8-21.1. 'Any deductions the landlord makes must be 'itemized,' and ... 406 N.J. Super. 71, 80 (App. Div. 2009) (quoting N.J.S.A. 46:8-21.1). 'If the A-3467-19 3 landlord violates this ... reasonable attorney's fees.'' Ibid. (second alteration in original) (quoting N.J.S.A. 46:8-21.1). We see no reason to disturb the trial court ... and, in the court’s discretion, reasonable attorney’s fees. [ N.J.S.A. 46:8-21.1 (emphasis added).] A-3467-19 4 Here, plaintiff' ...

docket:	a3467-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	10384

22 FERNANDO ESCOBAR v. MARKO MILETIC -- rank: 637

... for September's rent. Escobar then sued, seeking, pursuant to N.J.S.A. 46:8-21.1, double the amount he alleged Miletic withheld wrongfully. A ... failed to provide proper notice. The court doubled $1550, per N.J.S.A. 46:8-21.1, and entered judgment for $3100 in Escobar's favor ... in holding that Miletic could not deduct that unpaid rent. N.J.S.A. 46:8-21.1 requires the landlord to return the tenant's security ... charges expended in accordance with the terms of [the] . . . lease.' N.J.S.A. 46:8-21.1. If the landlord violates this section, the tenant may ... the amount of said moneys.' Ibid. However, we have interpreted N.J.S.A. 46:8- 21.1 to allow the landlord to deduct from the security ... because Escobar was still in possession of the premises. See N.J.S.A. 46:8-21.1 (stating 'no deduction shall be made from a ...

docket:	a2299-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Unpublished
citation:
Document Size:	9981

23 TYRONE FOXWORTH v. ATLANTIS APARTMENTS -- rank: 628

... se, seeking $1830, double the security deposit as provided by N.J.S.A. 46:8-21.1, plus court costs. He and defendant appeared pro se ... now received twice the amount of security wrongfully withheld under N.J.S.A. 46:8-21.1. It further argues that plaintiff's CFA claim was ... caused, leaving a balance of $371.06 returnable to plaintiff. N.J.S.A. 46:8-21.1 requires the landlord to return the tenant's security ...

docket:	a2826-08
court:	NJ Superior Court Appellate Division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	28468

24 JACQUES CHARLOT v. STEPHANIE DEJESUS -- rank: 621

... the defendant for the return of the security deposit under [ N.J.S.A.] 46:8-21.1 the plaintiff is entitled to double that amount. So ... with the terms of [the] . . . A-2817-18T4 5 lease. . . .' N.J.S.A. 46:8-21.1. 'Any deductions the landlord makes must be 'itemized,' and ... 406 N.J. Super. 71, 80 (App. Div. 2009) (quoting N.J.S.A. 46:8-21.1). 'If the landlord violates this section . . . the tenant may ... reasonable attorney's fees.'' Ibid. (second alteration in original) (quoting N.J.S.A. 46:8-21.1). A landlord may terminate a month-to-month tenancy ... in the lease, which had been wrongfully withheld, contrary to N.J.S.A. 46:8-21.1, and not the amount defendant received at closing. The ...

docket:	a2817-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-26
status:	Unpublished
citation:
Document Size:	12776

25 TAIJUANA M. HALE v. JACQUALINE L. FARRAKHAN -- rank: 621

... must be remanded for a retrial of this claim. II N.J.S.A. 46:8-21.1 seeks to assure that landlords provide tenants with a ... based on its view that the landlord's violation of N.J.S.A. 46:8-21.1 was de minimus or other equitable considerations. Kang I ... on defendant's delay in providing the notification required by N.J.S.A. 46:8-21.1, but rather the court's finding that the deposit ...

docket:	A1048-05
court:	NJ Superior Court Appellate Division
decided:	2007-02-05
status:	published
citation:	390 N.J. Super. 335 915 A.2d 581
Document Size:	45356

26 MARK ROMEO v. ANTHONY PERILLO -- rank: 609

... 39-1, N.J.S.A. 2A:33-1 and N.J.S.A. 46:8-21.1 and upon the balance of disputed issues including defendant ... claims pursuant to N.J.S.A. 2A;39-1, N.J.S.A. 46:8-21.2, and N.J.S.A. 2A:33-1 and ...

docket:	a6835-03
court:	njappellate
decided:	2006-04-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	70979

27 STEFANIE BERGEN v. POLINA SANNINO -- rank: 597

... rated rent as well as her security deposit pursuant to N.J.S.A. 46:8-21.1. Defendant had kept a portion of the security deposit ... August 29, plaintiff filed a complaint against defendant pursuant to N.J.S.A. 46:8-21.1, seeking return of partially retained security deposit, including double ... trial court found plaintiff did not meet her burden under N.J.S.A. 46:8-21.1, finding for defendant on plaintiff's security deposit claim ... insufficient evidence to deny plaintiff's claim for damages under N.J.S.A. 46:8-21.1, and that it was error for the court to ...

docket:	a3061-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-18
status:	Unpublished
citation:
Document Size:	12143

28 DAVID PERLMAN v. EDWARD S. LEE, M.D. -- rank: 597

... charges expended in accordance with the terms of [the] lease[.]" N.J.S.A. 46:8-21.1. If a landlord violates this requirement, the tenant may ...

docket:	a5862-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-02
status:	unpublished
citation:
Document Size:	23749

29 JOHN KARGBU v. SUJUAN WANG -- rank: 597

... John Kargbo1 double his security deposit, plus costs, pursuant to N.J.S.A. 46:8-21.1; and (2) the November 8, 2017 order denying reconsideration ... opinion, the court concluded that Wang failed to comply with N.J.S.A. 46:8-21.1 by failing to provide written notice to Kargbo within ... Wang repeats her argument that she could not comply with N.J.S.A. 46:8-21.1 because Kargbo did not give her his new address ... Alvarado, 302 N.J. Super. 583, 586 (App. Div. 1997)). N.J.S.A. 46:8-21.1 requires the landlord to return the tenant's security ...

docket:	a1928-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	11534

30 JOSE PICADO AND TAMMY DOAN v. MICHAEL SOLLECITO -- rank: 594

... him for improperly withholding the plaintiffs/tenants' security deposit. See N.J.S.A. 46:8-21.1. We affirm the judgment in favor of plaintiffs but ... with the trial judge is his methodology in computing damages. N.J.S.A. 46:8-21.1 provides, in part, that the landlord is obligated to ...

docket:	A2535-05
court:	NJ Superior Court Appellate Division
decided:	2006-12-21
status:	unpublished
citation:
Document Size:	24557