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 v ... 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 deposit ... 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 under ... 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 itemized ... 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 "the net ... their security deposit based upon the landlord's violation of N.J.S.A. 46:8-21.1--he failed to provide notice and itemized deductions--and ...

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

2 CHARLES KRAVITZ v. PHILIP D. MURPHY -- rank: 947

... 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 ... 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 landlord ...

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

3 CARSON PACKER v. ROSELINE ESTELLE KONE -- rank: 895

... 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's ... 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 v ... 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-3501 ... 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 thereof ... 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 deductions ... 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 factual ...

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status:	Unpublished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

4 /usr/local/share/www/libweb/collections/courts/appellate/a1771-18.opn.html -- rank: 882

... 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 contained ...

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Document Size:	45066

5 SYLVAN DENTAL, P.A., v. CATHERINE CHEN -- rank: 858

... 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 asserted ...

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status:	Unpublished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

6 MARK ROMEO v. ANTHONY PERILLO -- rank: 827

... 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's ...

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status:	unpublished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

7 KAREN HOOPER v. PARKWOOD PLACE APARTMENTS -- rank: 824

... 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. 46 ... 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 judge ... 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 who ... 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 ... 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 notice ...

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

8 LYNN BERNSTEIN v. MICHAEL SHULMAN -- rank: 793

... refund of tenant's security deposit should be doubled under N.J.S.A. 46:8-21.1 should also abide the remand, pending a further assessment by ...

docket:	a5546-08
court:	superior court appellate division
decided:	2010-04-01
status:	Unpublished
citation:
Document Size:	118220

9 HAROLD HEBNER v. FERNANDO RODRIGUEZ -- rank: 793

... 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 to ... 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 apartment ... 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 security ... 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. When a tenant has violated his obligations under a lease ... 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.J. ...

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

10 CHRISTINA LAPAGLIA v. KELLI CIANCAGLINI -- rank: 790

... 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 Ciancaglini ... 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 is ... 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 have ...

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

11 JENNIFER SAPERSTEIN v. STEPHEN and DELIA MARGIOTTA -- rank: 783

... 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 entered ... 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 a ... 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 the ... 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 landlord is ... under the lease." Here, defendants complied with the requirements of N.J.S.A. 46:8-21.1 by providing plaintiff, within thirty days of the termination of ...

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

12 ROSA LUCAS v. BENJAMIN A. SPARANO -- rank: 771

... 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, plus ... 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 reasonable ... 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 for ...

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

13 /usr/local/share/www/libweb/collections/courts/appellate/a1409-17.opn.html -- rank: 762

... 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 Was ... 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, the ... 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 security ... 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 counterclaim ...

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

14 CHARLES W. C. JOHNSTON v. MARK CAMIOLO -- rank: 762

... 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 the ... 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 deposit ... 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 within ...

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

15 CHASITY ALVARADO v. ESTRELLA PIEMONTESE -- rank: 759

... 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 and ... 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 favor ... 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 . . . shall ... 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 claim ... 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 claims ... 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, would ...

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