Sanchez v. Vaccarelli

CASSINI, J.S.C.

Plaintiff commenced this action against defendant to recover a security deposit and the statutory penalty pursuant to N.J.S.A. 46:8-21.1 for failure to return a security deposit within 30 days of the termination of their lease. The issue presented for determination is whether plaintiff is entitled to the statutory penalty of double damages albeit that plaintiff never moved into the premises. This issue has not been reported in New Jersey.

In October, 1991 plaintiff and defendant entered into an oral lease agreement whereby plaintiff rented a first floor apart*74ment, commencing…