Search Rutgers Law Library N.J. Court Opinions

31 FERNANDO ESCOBAR v. MARKO MILETIC -- rank: 703

... 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-2299 ... 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. The ... 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 deposit ... 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 bring ... 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 deposit ... 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 security ...

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status:	Unpublished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

32 YVONNE BUDDINGTON v. EMANUEL SHAMAM -- rank: 700

... thirty days after the termination of the tenant's lease. N.J.S.A. 46:8-21.1; see Watson v. United Real Estate, Inc. , 131 N.J ... and, in the court's discretion, reasonable attorney's fees." N.J.S.A. 46:8-21.1. We have recently observed that: N.J.S.A. 46:8-21.1 was specifically "intended to protect tenants from overreaching landlords who ...

docket:	a0634-09
court:	superior court appellate division
decided:	2011-01-26
status:	Unpublished
citation:
Document Size:	25436

33 NICOLE BONANNO v. RAMONE WEMBLEY -- rank: 694

... interest less any reasonable damages and costs to the tenant. N.J.S.A. 46:8-21.1. We are satisfied that allowing the counterclaim for the security ... security deposit that had been wrongfully withheld as required by N.J.S.A. 46:8-21.1. As defendants have not appealed the amount of the judgment ...

docket:	a1007-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-02
status:	unpublished
citation:
Document Size:	24317

34 N.J. DEPT. OF ENVIRONMENTAL PROTECTION v. STANDARD TANK CLEANING CORP., et al., -- rank: 694

... reasonable costs of suit"); Residential Tenants Security Deposit Return Act, N.J.S.A. 46:8-21.1 ("the court ... shall award ... full costs of any action and ...

docket:	a6446-92
court:	njappellate
decided:	1995-09-29
status:	published
citation:	284 N.J.Super. 381
Document Size:	50522

35 PASTOR JOSEPH SHIN v. BERGENFIELD SENIOR HOUSING LLC. -- rank: 691

... the building, was responsible for the security deposits pursuant to N.J.S.A. 46:8-21.1, and treble damages against all defendants pursuant to N.J ... eviction action, that triggered the enhanced damages under the SDA. N.J.S.A. 46:8-21.1 provides, in pertinent part: Within 30 days after the termination ... or lessee's obligation to return the security deposit under N.J.S.A. 46:8-21.1. See wvWare/wvWare version 1.0.3 -- This archive is ...

docket:	a1563-09
court:	superior court appellate division
decided:	2010-08-17
status:	Unpublished
citation:
Document Size:	32648

36 FERMIN MAURICIO v. FIRST FIDELITY BANK, N.A., as Custodian et al. -- rank: 688

... in double the amount of the security deposit pursuant to N.J.S.A. 46:8-21.1. In addition, the court awarded interest on the amount of ...

docket:	a1886-98
court:	njappellate
decided:	2000-03-30
status:	published
citation:	329 N.J.Super. 342
Document Size:	13575

37 TOP QUALITY REALTY, LLC v. JOSEPH CUPO -- rank: 685

... 4 Defendants challenge as error the court's reference to N.J.S.A. 46:8-21.1 of the Security Deposit Act (SDA), N.J.S.A ... residential lease, within thirty days of termination of the lease. N.J.S.A. 46:8-21.1. Clearly, the provisions N.J.S.A. 46:8-21.1 are not applicable to the commercial lease under review. See ...

docket:	a3925-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-17
status:	unpublished
citation:
Document Size:	20809

38 /usr/local/share/www/libweb/collections/courts/appellate/a5487-14.opn.html -- rank: 685

... 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 sue ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20277

39 TAIJUANA M. HALE v. JACQUALINE L. FARRAKHAN -- rank: 669

... 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 prompt ... 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 n ... 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 was ...

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

40 KANG IN YI v. RE/MAX FORTUNE PROPERTIES, INC., et al. -- rank: 663

... 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 the ... 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 termination ... 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 design ... 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 the ...

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

41 ESTHER KRUKOWSKI v. GRACE S. WONG -- rank: 663

... the deposit that had been wrongfully withheld, as permitted by N.J.S.A. 46:8-21.1, because the judge believed defendant had attempted to comply with ... charges expended in accordance with a contract, lease, or agreement. N.J.S.A. 46:8-21.1. As noted, defendant argues that Trinity was the landlord of ... the judge's finding that defendant was legally obligated under N.J.S.A. 46:8-21.1 to return the security deposit to plaintiffs upon the end ... judge's determination that defendant was the party obligated by N.J.S.A. 46:8-21.1 to return the security deposit to plaintiffs. Affirmed. This archive ...

docket:	a5182-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-28
status:	unpublished
citation:
Document Size:	26621

42 ANDREW T. WEBER v. THOMAS BONFIGLIO -- rank: 660

... itemized statement of damages within the thirty days required by N.J.S.A. 46:8-21.1. Therefore, Bonfiglio was required to have returned the security deposit ... done so, the judge doubled the $1750 as required by N.J.S.A. 46:8-21.1, and entered judgment against Bonfiglio in the amount of $3500 ... disturb the judge's findings of fact on that subject. N.J.S.A. 46:8-21.1 requires a landlord to return the security deposit within thirty ... itemized statement of damages the tenant caused to the property. N.J.S.A. 46:8-21.1 further specifies that if the landlord fails to provide the ... was $1750. When that amount was doubled, as required by N.J.S.A. 46:8-21.1, Weber was entitled to judgment in the amount specified in ...

docket:	a3410-09
court:	superior court trial
decided:	2011-03-01
status:	Published
citation:
Document Size:	11277

43 J.C. MITCHELL VS FIRST REAL ESTATE EQUITIES, INC. -- rank: 660

... plaintiff the balance due on a security deposit pursuant to N.J.S.A. 46:8-21.1. We reverse and remand for the entry of judgment in ... for the doubling of security deposit funds begins to run. N.J.S.A. 46:8-21.1 provides in pertinent part as follows: Within 30 days after ... the complaint, for the purpose of recovering double damages under N.J.S.A. 46:8-21.1, was also premature since the statutory 30-day period, which ... the date of the "termination" of the breached lease under N.J.S.A. 46:8-21.1 because that date establishes the earliest time when the landlord ...

docket:	a5390-94
court:	njappellate
decided:	1996-02-29
status:	published
citation:	287 N.J.Super. 546
Document Size:	11977

44 STEFANIE BERGEN v. POLINA SANNINO -- rank: 657

... 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 for ... 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 damages ... 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, and ... 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 deny ...

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

45 LORRIL COMPANY et al. v. DEAN LA CORTE et al. -- rank: 648

... by personal delivery, registered or certified mail" in accordance with N.J.S.A. 46:8-21.1. The judge, therefore, concluded that "if the notice is not ... new tenant.     We need not consider whether any unlawful entry, N.J.S.A. 46:8-21.1. The statute further provides that if the court finds a ... deposit that is unlawfully held that can be doubled under N.J.S.A. 46:8-21.1. Here, because the tenants remaining rent obligation exceeded the security ...

docket:	a5663-00
court:	njappellate
decided:	2002-06-28
status:	published
citation:	352 N.J. Super. 433
Document Size:	17426