New Jersey

Rental Lease Laws Overview

New Jersey does not have a statewide rent control law. There is no limit on late fees, but they must be specified in the lease agreement. A grace period is provided for rent payments, and landlords are not required to hold a license.

Required Lease Disclosures

Landlords in New Jersey must include specific disclosures in their lease agreements:

• Crime Insurance: Tenants must be informed about crime insurance available through the Federal Crime Insurance Program.
• Truth in Renting Act: Information regarding the Truth In Renting Act must be provided, along with access to publications in both English and Spanish.
• Disclosure of Flood Hazard Area: Tenants must be informed if the property is located in a designated flood zone.
• Window Guard Disclosure: Landlords must notify tenants about the installation and maintenance of child-protection window guards if requested in writing for units occupied by children aged ten or younger. The lease must include a legally required statement regarding window guards.
• Disclosure of Lead-Based Hazards: Landlords must notify tenants of potential lead-based hazards in buildings constructed before 1978.

Security Deposit

Landlords can charge a maximum of one and a half months’ rent as a security deposit. They must provide a written receipt for the security deposit and are required to pay tenants the interest earned on it, either annually or by crediting it toward rent. Security deposits must be held in a separate interest-bearing account at a New Jersey-based bank, with tenants notified in writing within 30 days. Upon lease termination, landlords must return the security deposit, including any interest, within thirty days. If deductions are made, an itemized statement must be provided within 30 days, and failure to comply may result in the landlord owing double the deposit amount to the tenant.

Rent Payment

Rent is typically due at the beginning of the month unless otherwise specified in the lease. While some municipalities may have rent control laws, there is no state cap on late fees, which must be specified in the lease. Landlords must provide 30 days’ notice before evicting a tenant for non-payment. Tenants may withhold rent if the landlord fails to make necessary repairs and can also make repairs and deduct the cost from their rent, provided licensed professionals are used for emergencies.

Landlord Right of Entry

Although there is no statutory requirement for notice, landlords must provide “reasonable notification” to tenants before entering the premises in non-emergency situations. If permitted by the lease agreement, tenants may replace the locks.

Property Repairs

Landlords are responsible for ensuring that rental properties are habitable and comply with local health and safety standards, including providing timely repairs and maintaining essential services such as heating, water, and electricity. Tenants must keep the property clean and safe, use fixtures appropriately, and promptly inform landlords of any repair needs to prevent further damage. Landlords must provide written notice to former tenants if they wish to dispose of property left behind after the tenant has moved out.

Terminating a Lease

For month-to-month tenancies, either party may terminate the lease by providing at least 30 days’ written notice, effective at the end of a rental period. Landlords must store a tenant’s unclaimed property for at least 30 days and notify the tenant before disposing of it.

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