03-24-09 Kelly Reilly, et al. v. Marc Weiss
A-5065-07T1
In this case, we determined that a landlord may not collect
as a security deposit an amount exceeding that permitted by
N.J.S.A. 46:8-21.2 (one and one-half months' rent). The
landlord cannot justify a greater amount by permitting the
tenant to maintain a pet on the premises, even though pets were
prohibited under the terms of the lease. We conclude that
although the Security Deposit Act, N.J.S.A. 46:8-19 to -26, does
not contain an express penalty for violations of N.J.S.A. 46:8-
21.2, any monies in excess of the statutory limit that are held
by the landlord and not returned at the termination of the lease
are monies "wrongfully withheld," and subject to the doubling
provisions of N.J.S.A. 46:8-21.1. Under the unusual facts of
this case, we permitted the landlord, who sought no affirmative
relief by counterclaim, but did prove damages in excess of the
lawful security deposit amount, to receive a credit against the
statutorily "doubled" amount.
