Search Rutgers Law Library N.J. Court Opinions

16 KIMBERLY BAKER v. LA PIERRE, INC -- rank: 746

... 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 should ... 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 days ... 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 provisions ...

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status:	unpublished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

17 CHASE BANK USA, N.A v. JENNIFER STAFFENBERG -- rank: 746

... a landlord-tenant case involving a fee-shifting provision in N.J.S.A. 46:8-21.1, which allows prevailing tenants to recover reasonable attorney's fees ...

docket:	a4488-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-11
status:	published
citation:	419 N.J. Super. 386 17 A.3d 239
Document Size:	83732

18 MICHELLE J. ROEPKE COGAR v. MONMOUTH TOYOTA and STEVEN MAGLIO, -- rank: 743

... warrant the doubling or trebling of damages. See, e.g. , N.J.S.A. 46:8-21.1 (providing that a tenant who successfully demonstrates to a trial ...

docket:	a2077-98
court:	njappellate
decided:	2000-05-25
status:	published
citation:
Document Size:	40391

19 JOANN MILTON v. LILLIAN SANCHEZ -- rank: 743

... was wrongfully withheld and subject to the doubling provisions of N.J.S.A. 46:8-21.1, and awarded plaintiff a judgment of $2,641.44. The ... 72 should have been returned to plaintiff. In accordance with N.J.S.A. 46:8-21.1, this wrongfully withheld amount was doubled by the court, resulting ... primary focus of defendant's appeal, we have said that " N.J.S.A. 46:8-21.1 was specifically 'intended to protect tenants from overreaching landlords who ... 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 deposit ... App. Div. 2002) (noting that as to any violation of N.J.S.A. 46:8-21.1, the tenant was limited to recovery of double "the net ...

docket:	a2034-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-06
status:	unpublished
citation:
Document Size:	21998

20 MICHELLE J. ROEPKE COGAR v. MONMOUTH TOYOTA and STEVEN MAGLIO, -- rank: 743

... warrant the doubling or trebling of damages. See, e.g. , N.J.S.A. 46:8-21.1 (providing that a tenant who successfully demonstrates to a trial ...

docket:	a2100-98
court:	njappellate
decided:	2000-05-25
status:	published
citation:
Document Size:	40391

21 /usr/local/share/www/libweb/collections/courts/appellate/a0058-21.opn.html -- rank: 740

... Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). N.J.S.A. 46:8-21.1 requires the landlord to return the tenant's security deposit ... deposit to offset the accrued late fees and damages. See N.J.S.A. 46:8-21.1. We decline to address issues that are raised for the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	12624

22 LORRAINE LABINOWSKI v. CHARLENE FAILLA -- rank: 734

... the date of the 'termination' of the breached lease under N.J.S.A. 46:8-21.1." Defendant re-let the apartment . . . in mid June 2008, thus ... security deposit to plaintiff in a timely manner contrary to N.J.S.A. 46:8-21.1, which permits fees in the judge's discretion. Due to ... is therefore liable to plaintiff for $802.13 for violating N.J.S.A. 46:8-21.1. The complaint is dismissed as to the individual defendant. [] Based ... charges expended in accordance with the terms of a . . . lease. . . ." N.J.S.A. 46:8-21.1. The statute further provides that "any such deductions shall be ...

docket:	a0487-09
court:	superior court appellate division
decided:	2010-05-14
status:	unpublished
citation:
Document Size:	25885

23 JOSEPH PENBARA v. JAMES STRACZYNSKI, -- rank: 734

... of the tenant's vacating the bungalow in accordance with N.J.S.A. 46:8-21.1. He also acknowledged he had not deposited the tenant's ... have exhausted the security deposit, thus eliminating his obligation under N.J.S.A. 46:8-21.1. As for his claim for damages on account of the ... that such a motion should be granted. Id. at 533.      N.J.S.A. 46:8-21.1 provides in relevant part:         Within 30 days after the termination ...

docket:	a6545-99
court:	njappellate
decided:	2002-01-30
status:	published
citation:	347 N.J. Super. 155
Document Size:	17573

24 JACQUES CHARLOT v. STEPHANIE DEJESUS -- rank: 731

... 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, double ... 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 notice ... 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 bring ... 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 'by ... 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 judge ...

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

25 KATHLEEN L. LETTENMAIER VS LUBE CONNECTION INC. -- rank: 725

... in a landlord/tenant matter, security deposit penalty provisions of N.J.S.A. 46:8-21.1 supersede 164 N.J. Super. 86 (App. Div. 1978), in ...

docket:	a4589-97
court:	njappellate
decided:	1998-11-13
status:	published
citation:	316 N.J.Super. 319
Document Size:	20869

26 JEFFREY EMMETT v. FANUTI VALENTINO -- rank: 716

... Super. 71 , 79 (App. Div. 2009). In this regard, 2 N.J.S.A. 46 :8-21.1 requires the landlord to return the tenant's security deposit ... did not, they were entitled to the penalty prescribed by N.J.S.A. 46:8-21.1. In Reilly , however, we held that "the 'doubling' remedy provided by N.J.S.A. 46:8-21.1" does not automatically apply "if in fact the tenant has ... from the security deposit, before any "doubling" can occur under N.J.S.A. 46:8-21.1. Reilly , supra , 406 N.J. Super. at 80-81. Thus ...

docket:	a4093-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-26
status:	unpublished
citation:
Document Size:	16376

27 DANIELLE INFANTE v. JENNIFER KORTMAN -- rank: 716

... this amount, and found there was $379.85 left. Citing N.J.S.A. 46:8-21.1, the judge doubled that figure and awarded defendants $759.70 ... to the apartment. Again, this was a critical issue. Under N.J.S.A. 46:8-21.1, a landlord must return the security deposit plus any accumulated ... deductions. Ibid. A tenant may sue if the landlord violates N.J.S.A. 46:8-21.1, and if successful, the tenant will be awarded double the ... tenant is not entitled to "the 'doubling' remedy provided by N.J.S.A. 46:8-21.1 if in fact the tenant has violated his [or her ...

docket:	a0747-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	33532

28 DORIS CANALES v. YUE YU -- rank: 712

... awarded plaintiff double the amount of the security deposit, under N.J.S.A. 46:8-21.1, after finding that defendant failed to show that she properly ...

docket:	a1656-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-04
status:	Unpublished
citation:
Document Size:	33650

29 DAIZONG LI v. BRIAN HARRIS -- rank: 706

... 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 notice ... 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 bring ... reasonable attorney's fees.'" Ibid. (second alteration in original) (quoting N.J.S.A. 46:8-21.1). However, recovery under the SDA is only permitted when some ... security deposit which had been wrongfully withheld, as required by N.J.S.A. 46:8-21.1. We are also not persuaded by plaintiff's contention that ...

docket:	a2294-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-06
status:	unpublished
citation:
Document Size:	24376

30 KATHLEEN GARNER v. PACIFIC LANDING, LLC -- rank: 703

... 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 the ... 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 the ... 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 notice ... 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 section ... 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's ... 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's ...

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