New Jersey Month-to-Month Lease Agreement
A New Jersey month-to-month rental agreement is a contract that establishes a tenancy which continues indefinitely until either the landlord or tenant provides notice to terminate. This type of arrangement is often preferred by short-term renters or landlords who may be considering selling the property or planning renovations in the near future. It is advisable for landlords to conduct a credit check on potential tenants before entering into such agreements.
New Jersey Month-to-Month Lease Agreement
Month-to-Month Laws
Termination Notice
In New Jersey, either party must provide a minimum of one month’s (30-day) written notice before the next rent due date to terminate a month-to-month rental agreement. This notice is essential for both landlords and tenants to ensure a smooth transition.
Rent Increase Notice
Landlords are required to provide notice of any rent increase at least one month prior to the effective date of the increase. If the tenant accepts the new rent amount, a new lease must be signed. While there is no state-mandated rent control, local governments may enforce their own regulations, allowing rent increases to range from 2% to 6%, depending on the area.
Required Disclosures
Landlords in New Jersey must provide several important disclosures to tenants:
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Flood Zone – Tenants need to be informed about any past flooding on the premises and whether the property is located in a flood zone. Landlords can utilize flood maps to determine this information.
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Lead-Based Paint Disclosure – Federal law mandates that landlords disclose the potential for exposure to lead-based paint in buildings constructed before 1978.
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Truth in Renting Act – Landlords renting properties with more than two dwelling units (or three if the landlord occupies one) must supply this guide to all tenants with leases lasting at least one month.
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Window Guards – If a tenant has a child aged 10 or younger, the lease must include a statement that explains their right to request window guards on the property.
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Move-in Checklist – A checklist that outlines the condition of the rental unit at the time of move-in is also required.
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Crime Insurance – Information regarding crime insurance may be necessary as well.
New Jersey Month-to-Month Eviction
To evict a tenant on a month-to-month lease in New Jersey, the landlord must provide a written notice of termination, typically 30 days in advance. This notice must clearly state the reason for eviction, which may include nonpayment of rent, violation of lease terms, or the landlord’s intent to occupy or sell the property. If the tenant does not vacate after the notice period, the landlord may proceed to file for eviction in court.
Statutes
- N.J. Stat. § 2A:14-1 – 6 years
- N.J. Stat. § 46:8-21.2 – Limitation on amount of deposit
- N.J. Stat. § 46:8-19 – Security deposits; investment, deposit, disposition
- N.J. Stat. § 46:8-21.1 – Return of deposit; displaced tenant; termination of lease; civil penalties, certain
- N.J. Stat. § 46:8-50 – Notification, tenants, flood zone
- N.J. Stat. § 46:8-28 – Certificate of registration; filing, contents
- N.J. Stat. § 46:8-28.1 – Certificate; indexing, filing; inspection; fee; validation
- N.J. Stat. § 46:8-29 – Provision of copy of certificate of registration to tenant
- N.J. Stat. § 46:8-45 – Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units
- N.J. Stat. § 46:8-46 – Statement; distribution and posting by landlords
- N.J. Stat. § 2A:18-56(a) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-56(b) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-56(c) – Proof of notice to quit prerequisite to judgment
- N.J. Stat. § 2A:18-61.2 – Removal of residential tenants; required notice; contents; service
- N.J. Stat. § 2A:42-88 – Grounds for action
- N.J. Stat. § 2A:32A-1 – Civil action for bad checks, electronic funds transfers
- N.J. Stat. § 2C:43-8 – Sentence of imprisonment for disorderly persons offenses and petty disorderly persons offenses
- N.J. Admin. Code § 5:10-14.4(a) – Minimum Temperature
FAQs
In New Jersey, either party must provide a minimum of one month’s (30-day) notice before the next rent due date to terminate a month-to-month rental agreement.
Landlords in New Jersey are required to disclose information about lead-based hazards, flood hazards, provide a move-in checklist, comply with the Truth in Renting Act, inform about crime insurance, and include window guard information if applicable.
Yes, landlords can increase rent in a month-to-month lease in New Jersey. However, they must provide notice of the rent increase at least one month before the effective date, and local laws may impose limits on the amount of the increase.
To evict a tenant on a month-to-month lease in New Jersey, the landlord must provide a written notice of termination at least 30 days in advance, stating the reason for eviction. If the tenant does not vacate after the notice period, the landlord may file for eviction in court.
Landlords are strongly advised to conduct a credit check on potential tenants before entering into a month-to-month rental agreement to evaluate their creditworthiness.
The Truth in Renting Act requires landlords who rent properties with more than two dwelling units (or three if the landlord occupies one) to provide a guide to all tenants with leases lasting at least one month, ensuring tenants are informed of their rights.
If a tenant has a child aged 10 or younger, their lease must include a statement explaining their right to request window guards on the property, ensuring safety for young children.