What are You Looking for?

New Jersey State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Official Statutes:

Unofficial Statutes:

Guides:

Security Deposit:

  • Exclusions: The statutes that regulate security deposits do not apply to owner-occupied premises with two rental units or less where the tenant has failed to provide 30 days written notice to the landlord, thus invoking the provisions of this act. (N.J. Stat. Ann. §§ 46:8-26 (PDF))
  • Security Deposit Maximum: One and a half month’s rent. (N.J. Stat. Ann. §§ 46:8-21.2 (PDF))
  • Security Deposit Interest: Required. Interest on deposit or prepaid rent remains the tenant’s property and shall be paid to the tenant in cash or be credited toward rent due on the renewal or anniversary of the tenant’s lease or, if notified in writing before the anniversary, on January 31. (N.J. Stat. Ann. §§ 46:8-19 (PDF))
  • Separate Security Deposit Bank Account: The deposit may be deposited or invested in one interest-bearing or dividend-yielding account as long as all other statutory requirements are followed. The statute states that the security deposit may not be mingled with the landlord’s personal property. Landlords with ten or more rental units must invest the deposit funds in shares of a qualified money market account. Landlords with fewer than ten rental units shall deposit money in an interest-bearing account at prevailing rates and be insured by the federal government. See statute for other provisions (N.J. Stat. Ann. §§ 46:8-19 (PDF)).
  • Pet Deposits: No statute. Therefore, pet deposits are allowed as long as the total deposit does not exceed one and one-half months of rent (N.J. Stat. Ann. §§ 46:8-21.2 (PDF)).
  • Non-Refundable Fees: No statute.
  • Deadline for Returning Security Deposit: Landlords have 30 days from the termination of the lease to return the deposit plus the tenant’s portion of the interest or accumulated earnings. See the statute for rules for deposit return in fire, flood, or other situations (N.J. Stat. Ann. §§ 46:8-21.1 (PDF)).
  • It permitted Uses of the Deposit: No statute. Typically, all or a portion of the deposit can be used for actual damages (nonpayment of rent or fees or physical nonpayment unit beyond normal wear and tear).
  • Require Written Description/Itemized List of Damages and Charges: Interest or earnings on the deposit and any deductions. Shall be itemized. The tenant must be notified by personal delivery, registered, or certified mail. (N.J. Stat. Ann. §§ 46:8-21.1 (PDF))
  • Record Keeping of Deposit Withholdings: No statute.
  • Receipt of Deposit: Within 30 days of receipt of the deposit, landlords shall notify tenants of the name and address of the financial institution where the funds are deposited, the current interest rate, and the deposit amount. Such notice must also be given within 30 days of moving the deposit from one financial institution to another, at the time of each annual interest payment, and within 30 days of the transfer of ownership of the property. (N.J. Stat. Ann. §§ 46:8-19 (PDF))
  • Failure to Comply: If the landlord fails to follow the regulations found in N.J. Stat. Ann. §§ 46:8-21.1 (PDF), the tenant could be awarded double the amount of said monies plus reasonable attorney’s fees.

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease.
  • Rent Increase Notice: Before the rent can be increased, landlords must give the tenants a written “Notice to Quit” and notice of the rent increase. The notice must be given as agreed to in the lease but at least 30 days before the rise or as stipulated within any applicable local rent control ordinance. (New Jersey – Rent Increase Bulletin (Page 1) (PDF))
  • Rent Grace Period: Five business days, which exclude Saturdays, Sundays, and state and federal holidays, and only if the dwelling is rented to senior citizens receiving Social Security, other “old age” pensions, and recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey. (N.J. Stat. Ann. §§ 2A:42-6.1 and N.J. Stat. Ann. §§ 2A:42-6.3 (PDF))
  • Late Fees: Any fees that the landlord intends to charge should be clearly stated in the lease. A lease may permit a “late charge” when the rent is not paid by a specific date (Truth in Renting Guide (page 2) (PDF)).
  • Prepaid Rent: No statute.
  • Returned Check Fees: After 35 days after the demand to remedy the bounced payment, the payee can charge $100 or triple the check’s amount, whichever is greater, but never more than $500 (N.J. Stat. Ann. §§ 2A:32A-1).
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): If landlords fail to maintain the property at an adequate standard of habitability, tenants may withhold all or part of the rent. ISupposelandlords try to evict for nonpayment of rent, In that case, tenants are entitled to tnonpaymentlandlord’s failure to provide a habitable residence as a defense (New Jersey – Habitability Bulletin (page 2) (PDF)) (N.J. Stat. Ann. §§ 2A:42-88).
  • Tenant Allowed to Repair and Deduct Rent: Case law in Marini v. Ireland, 56 N.J. 130, authorized the self-help remedy of repair and deduction. A tenant may repair deficiencies in “vital facilities” and remove the amount of the repair from the rent. Examples of defects in “vital facilities” include broken toilets, no hot or cold water, lack of heat or electricity, or broken windows. To use this remedy, the tenant cannot have caused the deficiency and must have provided adequate notice in writing and by certified mail, returned the requested receipt, and given the landlord sufficient time for remedy. (New Jersey – Habitability Bulletin (Page 2) (PDF))
  • Landlord Allowed to Recover Court and Attorney Fees: A lease may provide for payment by the tenant of the landlord’s attorney fees and court costs in the event of eviction for non-payment of rent or other causes. (non payment renting Guide (Page 2)
  • The landlord must reasonably attempt to mitigate damages to the lessee, including an attempt to Rent. There is no statute, but case law dictates that the landlord make a reasonable attempt. (Sommer v. Kridel 1977)
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: Typically, no notice is needed as the lease expires.
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: 3 months (N.J. Stat. Ann. §§ 2A:18-56(a))
  • Notice to Terminate Tenancy – Month-to-Month Lease: 1 month (N.J. Stat. Ann. §§ 2A:18-56(b))
  • Notice to Terminate Tenancy – Week-to-Week Lease: 7 days (N.J. Stat. Ann. §§ 2A:18-56(c))
  • Termination of Tenancy with 24 Hours Notice: No statute.
  • Notice of Date/Time of Move-Out Inspection: No statute.
  • Notice of Termination for Nonpayment: Immediate termination (N.J. StNonpayment§ 2A:18-61.2 (PDF)), unless the landlord has previously accepted late rent, then 30 days’ notice is required. (N.J. Stat. Ann. §§ 2A:18-61.2(b) (PDF))
  • Termination for Lease Violation: 30 days for lease violations, three days for disorderly conduct or injury to the premises. (N.J. Stat. Ann. §§ 2A:18-61.2 (PDF))
  • Holdover Tenant “Double Rent”: If a tenant does not move out of the property after the end of the lease or notice to quit, the penalty will be double the normal rent for as many months as the tenant remains in possession of the property (N.J. Stat. Ann. §§ 2A:42-5 and 2A:42-6).
  • Required Notice before Entry: Reasonable notification is required, normally one day (New Jersey – Right of Entry Bulletin (page 2) (PDF)).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Allowed with “reasonable” notification (New Jersey – Right of Entry Bulletin (page 2) (PDF)).
  • Entry Allowed with Notice for Showings: A landlord may request entry to a rental unit to show the unit to prospective renters or buyers, or to perform other services. However, there is no law that obligates a tenant to allow a landlord access to the rental premises for purposes other than inspection, maintenance and repair. Therefore, the issue of entry in other cases should be addressed in the terms of the lease(New Jersey – Right of Entry Bulletin (Page 2) (PDF)).
  • Emergency Entry Allowed without Notice: Allowed in case of emergency where a condition exists that poses an immediate threat to the safety or health of persons using or near the premises. (New Jersey – Right of Entry Bulletin (Page 2) (PDF)).
  • Entry Allowed During Tenant’s Extended Absence: No statute.
  • Notice to Tenants for Pesticide Use: No statute.
  • Lockouts Allowed: No (Truth in Renting Guide (Page 26) (PDF)). If the landlord continues in “disorderly conduct”, the landlord may be sentenced to up to six months in jail. (N.J. Stat. Ann. §§ 2C:43-8).
  • Utility Shut-offs Allowed: No, this is a form of “self-help” eviction.

Disclosures and Miscellaneous Notes:

  • Name and Addresses: At the time of the creation of the first tenancy, a landlord shall file, with the clerk of the municipality, a certificate of registration that contains the name and address of the owner or owners, or those of the corporate officers if the owner is a corporation. The filing should also include the names and address of the managing agent and superintendent or other person employed to provide regular maintenance service. The clerk shall make the certificate reasonably available for public inspection. Within 30 days of the creation of a new tenancy, landlord shall provide each tenant a copy of the certificate of registration. (N.J. Stat. Ann. §§ 46:8-28, §§ 46:8-28.1 and §§ 46:8-29 (PDF))
  • Minimum Temperature: From October 1 of each year to May 1 of the next year, every unit of dwelling space and every habitable room therein shall be maintained at a temperature of at least 68 degrees Fahrenheit between the hours of 6:00 A.M. and 11:00 P.M. and at least 65 degrees Fahrenheit between the hours of 11:00 P.M. and 6:00 A.M. The heating system shall be capable of maintaining the minimum required temperature in all habitable rooms without the necessity of heating adjoining rooms more than five degrees higher than said minimum required temperature. (N.J. Stat. Ann. §§ 5:10-14.4(a) (PDF))
  • Abandoned Personal Property: Landlord must follow specific procedures found in N.J. Stat. Ann. §§2A:18-72 through §§ 2A:18-84.
  • Crime Insurance: Landlord shall make available to all tenants information about crime insurance through the Federal Crime Insurance Program of Title VI of Housing and Urban Development Act of 1970, and advise them where applications for such insurance may be obtained. See statutes for additional provisions and penalties. (N.J. Stat. Ann. §§ 46:8-39, §§ 46:8-40 and §§ 46:8-41)
  • Statement of Legal Rights: At the beginning of each tenancy, landlords shall give a copy of a statement, prepared by the Department of Community Affairs, that lays out the “primary, clearly established” legal rights and responsibilities of tenants and landlords and post it in one or more locations so it is prominent and accessible to all tenants. (N.J. Stat. Ann. §§ 46:8-45 and §§ 46:8-46 (PDF))
  • Flood Zone Notification: Landlords shall notify each tenant if the rental property has been determined to be located in a flood zone. (N.J. Stat. Ann. §§ 46:8-50(PDF))
  • Domestic Violence Situations: (Truth in Renting Guide (Page 6-7) (PDF))
    • Early Termination Rights: Tenants who are victims of domestic violence may terminate a lease if the tenant gives landlord written notice. The notice should state that the tenant or tenant’s child faces the imminent threat of serious physical harm from another named person if the tenant remains on the leased premises. The notice should include the following documents: a certified copy of a permanent restraining order, a law enforcement agency record documenting the domestic violence, or medical documentation of the domestic violence provided by a healthcare provider. See statute for additional acceptable documents. Lease terminates 30 days after providing required notice and documentation to landlord, unless an earlier termination date is agreed to.
    • Proof of Status: Landlords may require that the tenant provide official written proof of status as a victim of domestic violence. Various forms of proof are acceptable – see the guide for details.
    • Security Deposit Return: Landlord has 15 days from the lease’s termination due to a claim of domestic violence to return the security deposit, plus the tenant’s portion of the interest or accumulated earnings. See statute for other provisions.
    • Landlord Disclosure Prohibited: Landlords shall not disclose information documenting domestic violence that has been provided to the landlord by a victim of domestic violence, nor enter the information into any shared database or provide it to any person or entity. The information may be used when required as evidence in an eviction proceeding, action for unpaid rent or damages, with the consent of the tenant, or as otherwise required by law.
  • Common Landlord’s Duties: (Truth in Renting Guide (Page 19-24) (PDF)) and New Jersey – Habitability Bulletin
    • Compliance: Comply with the requirements of applicable building and housing codes materially affecting health and safety;
    • Repairs: Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
    • Common Areas: Keep all common areas of the premises in a clean and safe condition;
    • Maintenance: Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied; and
    • Heat: Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat (minimum 68 degrees) or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection. (N.J. Stat. Ann. §§ 5:10-14.4(a) (PDF))
  • Common Tenant’s Duties: (No statute)
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Cleanliness: Keep the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Trash: Dispose of all garbage and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quiet Enjoyment: Conduct himself and require other persons on the premises with tenant consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of the premises.
  • Retaliation: Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority, or has been involved in a tenant’s organization. Other actions are prohibited. Read N.J. Stat. Ann. §§ 2A:42-10.10 – §§ 10.14 (PDF) for more information.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
  • Landlord Identity Registration: A landlord who owns a one- or two-family non-owner occupied house is required by law to file a registration statement with the clerk of the municipality in which the building is located. Download the Registration Form (PDF)
  • 5-Year Safety Inspection: The Bureau is responsible for ensuring that hotels and multiple-family buildings of three or more dwelling units operating within the State of New Jersey are properly maintained and do not pose a threat to the health, safety and welfare of their residents, nor the community in general. (Bureau of Housing Inspection)

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord, and Tenant Associations

Facebook Instagram
©️ 2023 — My Rental Spot, All Rights Reserved.