Search Rutgers Law Library N.J. Court Opinions

1 KELLY REILLY v. MARC WEISS -- rank: 1000

... entitled to double that amount plus attorneys fees pursuant to N.J.S.A. 46:8-21.1 because these were monies "wrongfully withheld" by defendant. Yi ... tenant to one and one-half times the monthly rent. N.J.S.A. 46:8-21.2. It is undisputed that defendant required plaintiffs to pay ... Fauerbach , 148 N.J. Super. 376 , 379 (Dist. Ct. 1977). N.J.S.A. 46:8-21.1 requires the landlord to return the tenant's security ... the SDA do not accord the "doubling" remedy provided by N.J.S.A. 46:8-21.1 if in fact the tenant has violated his obligations ... 8-19, and that he had failed to comply with N.J.S.A. 46:8-21.1 in that he had not sent the tenant an ... Ibid. We further noted that as to any violation of N.J.S.A. 46:8-21.1, the tenant was limited to recovery of double " ...

docket:	a5065-07
court:	njappellate
decided:	2009-03-24
status:	published
citation:	406 N.J.Super. 71
Document Size:	58603

2 CARSON PACKER v. ROSELINE ESTELLE KONE -- rank: 923

... defendant was liable for double the amount withheld pursuant to N.J.S.A. 46:8-21.1. We find no reason to disturb the trial court ... wear and tear, and (2) doubling plaintiffs award pursuant to N.J.S.A. 46:8-21.1. Our review of non-jury trials is limited. Reilly ... 2017). Where a former tenant brings a claim pursuant to N.J.S.A. 46:8-21.1, the burden is on the landlord to prove A ... charges expended in accordance with the terms of . . . the lease.' N.J.S.A. 46:8-21.1. Any deductions are to be itemized and notice provided ... Inc., 338 N.J. Super. 534, 538 (App. Div. 2001); N.J.S.A. 46:8-21.1. A landlord who timely provides an itemized notification of ... accounting, the wrongfully withheld portion was properly doubled pursuant to N.J.S.A. 46:8-21.1. The trial court appropriately applied the law, its ...

docket:	a3501-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-15
status:	Unpublished
citation:
Document Size:	19470

3 CHARLES KRAVITZ v. PHILIP D. MURPHY -- rank: 838

... deposit should be returned to the tenant minus any charges, N.J.S.A. 46:8-21.1; the amount that a landlord may demand for a security deposit, N.J.S.A. 46:8-21.2; and that landlords and tenants may not waive any ... itemized deductions establishing what was deducted from the security deposit. N.J.S.A. 46:8-21.1. The SDA provides double recovery to tenants when a ... how much of a security deposit a landlord may require, N.J.S.A. 46:8-21.2; and what happens to the security deposit when the ...

docket:	a1584-20
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Published
citation:
Document Size:	89004

4 KAREN HOOPER v. PARKWOOD PLACE APARTMENTS -- rank: 734

... was wrongfully withheld and subject to the doubling provisions of N.J.S.A. 46:8-21.1, added prejudgment interest pursuant to N.J.S.A ... January 1, 2014 to June 30, 2016 in accordance with N.J.S.A. 46:8-21.1. Neither party produced a copy of the lease. The ... governs security deposits for residential tenants. We have said that ' N.J.S.A. 46:8-21.1 was specifically 'intended to protect tenants from overreaching landlords ... 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 ... of a doubled recovery to the prevailing tenant is mandatory. N.J.S.A. 46:8-21.1. Here, plaintiff gave defendant two and one-half months ...

docket:	a1362-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	55548

5 /usr/local/share/www/libweb/collections/courts/appellate/a0058-21.opn.html -- rank: 734

... 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 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 ...

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

6 HAROLD HEBNER v. FERNANDO RODRIGUEZ -- rank: 725

... an itemization of claims made against the security deposit. See N.J.S.A. 46:8-21.1 (providing for double recovery for a landlord's failure ... written statement that "itemized" the claimed deductions as required by N.J.S.A. 46:8-21.1. Plaintiff suggested the repairs made after he vacated the ... asserts that because defendant failed to comply with the Act, N.J.S.A. 46:8-21.1 mandates he receive double the amount he paid as ... 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. When a tenant has violated his obligations under a ... Act does not automatically impose the 'doubling' remedy provided by N.J.S.A. 46:8-21.1. Ibid. ; see also Penbara v. Straczynski , 347 N. ...

docket:	a1828-08
court:	superior court appellate division
decided:	2010-04-26
status:	unpublished
citation:
Document Size:	39468

7 SYLVAN DENTAL, P.A., v. CATHERINE CHEN -- rank: 707

... an action for damages for breach of covenant.'); see also N.J.S.A. 46:8- 21.1 (regulating return of security deposits). In count four, Chen ...

docket:	a4544-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-19
status:	Unpublished
citation:
Document Size:	57979

8 CHRISTINA LAPAGLIA v. KELLI CIANCAGLINI -- rank: 701

... Ciancaglini],' is doubled to $2,639.46 in accordance with N.J.S.A. 46:8-21.1. The order also set forth a timeline for which ... because: (1) her counterclaim did not plead such relief under N.J.S.A. 46:8-21.1––the SDA provision which allows for the doubling ... to damages. Although Ciancaglini's counterclaim did not specifically cite N.J.S.A. 46:8-21.1, based on our liberal reading of notice pleadings, it ... do not completely relinquish their rights to the remedies under N.J.S.A. 46:8-21.1). A-0111-22 6 To the extent that we ...

docket:	a0111-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-07
status:	Unpublished
citation:
Document Size:	14443

9 FERMIN MAURICIO v. FIRST FIDELITY BANK, N.A., as Custodian et al. -- rank: 695

... 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 ... deposit when leased premises are conveyed or acquired by foreclosure. N.J.S.A. 46:8-21 provides in relevant part:             Any owner or lessee turning over ... contract, lease, or agreement. Thus, under the plain language of N.J.S.A. 46:8-21, a former landlord is relieved of the obligation to repay ... the transferee of such security deposit" within the intent of N.J.S.A. 46:8-21, and never assumed responsibility to return the deposit to plaintiff ... no inconsistency between this statement and the clear language of N.J.S.A. 46:8-21, which imposes an obligation upon a successor landlord to repay ... an inconsistency between a legislative statement to the bill and N.J.S.A. 46:8-21, the unambiguous language of the statute would prevail. See ...

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

10 JOANN MILTON v. LILLIAN SANCHEZ -- rank: 692

... 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 ... 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 ... wrongfully withheld was not an available remedy for plaintiff under N.J.S.A. 46:8-21 because she properly notified plaintiff of the detailed deductions she ... 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 ... 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 ... 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 " ...

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

11 JEFFREY EMMETT v. FANUTI VALENTINO -- rank: 689

... tenant to one and one-half times the monthly rent. N.J.S.A. 46:8-21.2. Therefore, the maximum security deposit defendant could charge plaintiffs ... one-day bench trial, the judge found that defendant violated N.J.S.A. 46:8-21.2 by charging plaintiffs two and one-half months' rent. N.J.S.A. 46:8-21.2 does not provide for a specific penalty if a ... 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 ... 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 ...

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

12 JENNIFER SAPERSTEIN v. STEPHEN and DELIA MARGIOTTA -- rank: 689

... plaintiff Jennifer Saperstein at the inception of her tenancy. See N.J.S.A. 46:8-21.4. Pursuant to N.J.S.A. 46:8-21.1, the court doubled the amount allegedly wrongfully withheld, and ... defendants $4,200 as a security deposit as authorized under N.J.S.A. 46:8-21.2. Plaintiff vacated the property at the end of the ... landscaping was wrongfully withheld in violation of the provisions of N.J.S.A. 46:8-21.1. The dispute came before the Special Civil Part as ... that amount with court costs of $31. So be it. N.J.S.A. 46:8-21.1 provides, in relevant part: 2 Within 30 days after ... 71 , 79-81 (App. Div. 2009), we noted that under N.J.S.A. 46:8-21.1 the remedy doubling the amount withheld by the ...

docket:	a2766-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-12-12
status:	Published
citation:
Document Size:	19252

13 ROSA LUCAS v. BENJAMIN A. SPARANO -- rank: 679

... Sparano had wrongfully withheld her security deposit in violation of N.J.S.A. 46:8-21.1. She sought double the amount of the deposit, $6000 ... that amount from $3112.90, doubled the result pursuant to N.J.S.A. 46:8-21.1, and entered judgment against Sparano for $5640.68, plus ... or provide an itemized list of deductions in lieu thereof. N.J.S.A. 46:8-21.1. Lastly, defendant argues the judge improperly denied his motion ...

docket:	a3851-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-13
status:	unpublished
citation:
Document Size:	52036

14 ESTHER KRUKOWSKI v. GRACE S. WONG -- rank: 679

... 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 ... 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 ... 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 ... owner or lessee received from a tenant[.]" Ibid. In addition, N.J.S.A. 46:8-21 provides: Any owner or lessee turning over to his or ... or licensee's agreement, transfer such security deposit to another . . . . [ N.J.S.A. 46:8-21.] Here, the evidence shows that the property in question was ... 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. ...

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

15 /usr/local/share/www/libweb/collections/courts/appellate/a1409-17.opn.html -- rank: 664

... Per Paragraph 6 of the Lease and in Violation of N.J.S.A. 46:8-21.1 E. The Trial Court Erred in Finding That Plaintiff ... charges expended in accordance with the terms of [the] . . . lease.' N.J.S.A. 46:8-21.1. 'If the landlord violates this section of the SDA ... 406 N.J. Super. 71, 80 (App. Div. 2009) (quoting N.J.S.A. 46:8-21.1). Here, the record shows defendant gave plaintiff a $2775 ... and reasonable attorney's fees available under the SDA. See N.J.S.A. 46:8-21.1. We therefore remand for further proceedings on defendant's ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	33536