New Jersey

New Jersey Landlord Tenant Key Rules

Official New Jersey Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	Landlords cannot charge more than 1.5X one month’s rent for a security deposit. The amount collected annually as additional security cannot be greater than 10 percent of the current security deposit. N.J. Stat. § 46:8-21.2
Security Deposit Interest:	Interest on deposit or pre-paid rent is required. It remains the financial property of the tenant and shall be paid to the tenant in cash, or credited toward rent due, on the renewal or anniversary of tenant’s lease or, if notified in writing before the anniversary, on January 31st of the calendar year. N.J. Stat. § 46:8-19
Separate Security Deposit Bank Account:	All money from a security deposit must be deposited or invested in one interest-bearing or dividend-yielding account as long as all other statutory requirements are followed, and it cannot be co-mingled with the landlord’s personal property. See statute for provisions relating to landlords owning 10 or more units. N.J. Stat. § 46:8-19
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute, but additional fees cannot exceed 1.5X one month’s rent. N.J. Stat. § 46:8-21.2
Deadline for Returning Security Deposit:	Landlords are required to return security deposits plus any interest earned during the term within thirty (30) days of the lease termination. See statute for provisions relating to certain situations that may affect the return deadline. N.J. Stat. § 46:8-21.1
Permitted Uses of the Deposit:	No statue, though typically all or a portion of the deposit can be used for damages incurred by noncompliance of the tenant.
Security Deposit can be Withheld:
Require Written Description/Itemized List of Damages and Charges:	Tenant must be notified by personal delivery, registered, or certified mail of the interest or earnings on the deposit minus any itemized deductions and cost of each deduction. N.J. Stat. § 46:8-21.1
Receipt of Security Deposit:	Landlord must notify the tenant in writing within thirty (30) days of deposit to which financial institution the deposit is being held, the current interest rate, and the amount of the deposit. If the deposit is ever moved, a 30-day notice must be provided. Annual interest payments must be recorded, as well as a thirty (30) day notice if the property is sold. N.J. Stat. § 46:8-19
Record Keeping of Deposit Withholdings:	No statute.
Failure to Comply:	If a landlord is found in non-compliance of the rental agreement terms, the tenant can be awarded up to two times (2X) the amount of said dollar amount plus any attorney costs. N.J. Stat. § 46:8-21.1

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	Rent is due as it is stated in the rental agreement.
Payment Methods:
Rent Increase Notice:	Landlords must provide a notice to quit and notification of the rent increase as agreed to in the lease, but at least thirty (30) days prior to the scheduled increase, unless stipulated by a rent controlled ordinance. New Jersey Rent Increase Bulletin
Late Fees:	Late fees are permitted, though the provision and terms must be stated in the rental agreement.
Application Fees:
Prepaid Rent:	No statute.
Returned Check Fees:	Thirty five (35) days after a demand for remedy due to a bad check, landlords can charge $100 or triple the face amount of the check, whichever is greater. Maximum $500. N.J. Stat. § 2A:32A-1
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	If the landlord is in non-compliance of the lease and fails to maintain an inhabitable dwelling, the tenant may withhold all or part of the rent. If the landlord attempts to evict for non-payment, tenant can use the landlord’s non-compliance as a defense. New Jersey Habitability Bulletin
Tenant Allowed to Repair and Deduct Rent:	Tenants may repair and deduct rent up to the costs to repair vital habitable necessities. New Jersey Habitability Bulletin
Self-Help Evictions:	Self-help evictions are illegal.
Landlord Allowed to Recover Court and Attorney’s Fees:	A landlord may recover costs from an eviction due to non-payment of rent or other non-compliance by the tenant. N.J. Stat. § 2A:32A-1
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute, but case law dictates that landlords must make a reasonable attempt.

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	A 3-Month Notice to Quit must be provided for annual leases. N.J. Stat. § 2A:18-56
Notice to Terminate a Periodic Lease – Month-to-Month:	A 1-Month Notice to Quit must be provided for month-to-month leases. N.J. Stat. § 2A:18-56
Notice to Terminate a Periodic Lease – Week-to-week:	A 7-Day Notice to Quit must be provided for week-to-week leases. N.J. Stat. § 2A:18-56
Notice to Terminate Lease due to Sale of Property:	Two months’ written notice is required. N.J. Stat. § 2A:18-61.2
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Immediate termination for non-payment unless the landlord has previously accepted late rent. If so, 30-days’ notice is required. N.J. Stat. § 2A:18-61.2
Notice for Lease Violation:	For lease violations, a 30-days’ notice to quit is required. For disorderly conduct or non-compliance of the lease, 3-days’ notice to quit is required. N.J. Stat. § 2A:18-61.2
Required Notice before Entry:	Reasonable notice required – typically twenty-four (24) hours. New Jersey Right of Entry Bulletin
Entry Allowed with Notice for Maintenance and Repairs:	Reasonable notice required – typically twenty-four (24) hours. New Jersey Right of Entry Bulletin
Emergency Entry Allowed without Notice:	When an emergency poses an immediate threat, no notice is required. New Jersey Right of Entry Bulletin
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	Issue of entry for showing of the property must be included in the lease provisions. New Jersey Right of Entry Bulletin
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Illegal.
Utility Shut-offs Allowed:	Illegal.
Electronic Notices Allowed:	Electronic notices are not acceptable.

Disclosures

• Name and Addresses: Landlord must provide the names and addresses of the owner and any agent. (N.J. Stat. Ann. § 46:8-27)
• Copy of the Lease: Tenants must receive a copy of the lease. (Standard practice)
• Domestic Violence Situations: Victims can terminate lease early with notice and documentation. (N.J. Stat. Ann. § 46:8-9.5)

Duties

Landlord’s Duties

• Compliance: Must comply with building and health codes. (N.J. Admin. Code § 5:10-1.6)
• Repairs: Keep premises in good repair. (Common law)
• Common Areas: Maintain in safe and clean condition. (Common law)
• Maintenance: Provide proper heating, plumbing, and other essential services. (Common law)
• Garbage: Ensure waste disposal facilities are available. (N.J. Admin. Code § 5:10-11.3)

Tenant’s Duties

• Cleanliness: Maintain the dwelling unit in a clean condition. (Common law)
• Trash: Dispose of garbage properly. (Common law)
• Plumbing: Use plumbing fixtures appropriately. (Common law)
• Appliances: Operate appliances reasonably. (Common law)
• Damage: Do not cause damage. (Common law)
• Quiet Enjoyment: Avoid interfering with neighbors’ peace. (Common law)
• Subleasing: Governed by the lease agreement. (Lease-specific)
• Retaliation: Retaliatory eviction is prohibited. (N.J. Stat. Ann. § 2A:42-10.10)
• Lead Disclosure: Required under federal law.