| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in New Jersey?
New Jersey landlords have the right to enter a rental property for the following reasons when terms of access aren’t otherwise agreed in the lease:
- Inspecting the property.
- Maintenance and repairs.
- Emergencies and safety reasons.
Can a Landlord Enter Without Permission in New Jersey?
New Jersey landlords can legally enter a rental property without the tenant’s permission in emergencies and for safety reasons.
Can a Landlord Enter Without the Tenant Present in New Jersey?
New Jersey landlords can legally enter rental property without the tenant present, as long as the tenant has still consented to the entry or the landlord otherwise has a legal justification for being on the property.
Can a Landlord Show a House While Occupied in New Jersey?
New Jersey landlords can’t show a house without the renter’s permission, unless they reserved this right in the lease.
How Often Can Landlords Conduct Routine Inspections in New Jersey?
New Jersey landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in New Jersey?
New Jersey landlords have to provide at least one day of advance notice before entering rental property, unless there’s an emergency or a safety issue that needs to be addressed immediately.
Can a Landlord Enter Without Notice in New Jersey?
New Jersey landlords can’t enter without proper advance notice, except to address emergencies and safety issues that need immediate attention.
How Can Landlords Notify Tenants of an Intention To Enter in New Jersey?
New Jersey landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in New Jersey?
New Jersey tenants can often refuse landlord entry. Landlords can enter to address emergencies and safety issues regardless of consent. Tenants can refuse entries for inspections and repairs when the time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM), and entry for any other reason.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in New Jersey?
New Jersey landlords can take either of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in New Jersey?
New Jersey tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in New Jersey?
New Jersey tenants should usually respond to a landlord’s illegal entry by first sending a letter through certified mail detailing the landlord’s violation and asking for appropriate corrective action. If the landlord does not remedy his illegal entry, the tenant can take either of the following actions:
- Get a court order to ban the landlord from entering.
- Claim constructive eviction and break the lease (in extreme cases).
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 N.J. Admin. Code § 5:10-5.1(c) (2022)
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“Every occupant of each unit of dwelling space shall give the owner thereof or his agent or employees access to any part of the unit of dwelling space upon reasonable notification, which under ordinary circumstances shall be one day for multiple dwellings, except immediately for hotels, for the purpose of making such inspection and such repairs or alterations as are necessary to effect compliance with the law and this chapter. In case of safety or structural emergencies immediate access shall be given.”
Source Link - 2 N.J. Dep’t of Com’ty Affairs, Right of Entry 2 (Feb. 2008 bulletin)
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While not legally binding, guidance from the Department of Community Affairs typifies the applicable standard: “A landlord may request entry to a rental unit to perform other services or to show the unit for re- renting or sale. 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.”
Source Link - 3 Drew v. Pullen, 172 N.J. Super. 570, 574 (App. Div. 1980)
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There is no New Jersey law spelling out all the specific remedies applicable for abuse of access privileges in the landlord-tenant context. The standard remedies available in most suits are monetary damages, plus injunctive relief for issues that money won’t adequately resolve. See also Drew v. Pullen, 172 N.J. Super. 570, 574 (App. Div. 1980) (“[W]here there is a breach of the landlord’s covenant of habitability, there construed as mutually dependent upon the tenant’s covenant to pay rent, the tenant has various remedial options open to him. He may regard the breach as a constructive eviction and quit the premises without further liability to the landlord for rent. He may give notice to the landlord of the defect and if the landlord fails to remedy the condition, the tenant himself may do so, deducting the reasonable cost of repair from his rent. Or he may seek from the court an abatement of rent calculated on the basis of the difference, if any, between the rent reserved and the market value of the premises in their defective condition.”)
Source Link - 4 Tower Management Corp. v. Podesta, 226 N.J. Super. 300, 304 (App. Div. 1988)
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While the law doesn’t specify adequate notice under every possible circumstance, the standard provided under the Notice to Quit will always be held as adequate: “Under N.J.S.A. 2A:18-61.2, the Notice to Quit must either be given personally to the tenant or a family member in possession of the apartment or, as an alternative, the notice may be sent by certified mail, but ‘if the certified letter is not claimed, notice shall be sent by regular mail.’ The wording in the statute implies that the regular mail service should not be made until after the certified mail is unclaimed. We take judicial notice, however, of the common practice of sending the certified and regular mail notices at the same time, so that if the certified mail notice is unclaimed, there need not be the long delay which often occurs before the sender is apprised of this fact. We find no fault with this practice.”
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