Under New Jersey law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under New Jersey law, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in New Jersey
In New Jersey, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to the habitability requirements of New Jersey:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating (Oct. 1- May 15) | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Only Containers | Only If Provided |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in New Jersey
Landlords must perform necessary repairs in a timely manner. In New Jersey, landlords must make repairs within an “adequate” time after getting written notice from tenants via certified mail, return receipt requested.
If repairs aren’t made in a timely manner, New Jersey tenants can sue for costs, or a court order to force the landlord to make repairs. They can also make repairs and deduct from the rent.
Tenant Responsibilities in New Jersey
Aside from paying rent in a timely manner, New Jersey tenants must:
- Keep the unit in a safe and habitable condition
- Keep fixtures clean and sanitary
- Make small repairs or maintenance
- Not disturb other tenants or neighbors
Evictions in New Jersey
Landlords in New Jersey are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a New Jersey tenant fails to pay rent, the landlord is not required to give any kind of notice. However, if the tenant has a history of failing to pay rent on time, a 30-Day Notice To Quit should be issued before filing an eviction action with the court.
- Lease Violation: If a lease violation occurs, then the landlord must first issue a warning and must give tenants a Notice To Cease. If the violation is not addressed, then the landlord may issue a 30-Day Notice To Quit. If the terms of the lease are not met, then the landlord may pursue formal eviction.
- Disorderly Conduct: A landlord may issue a Notice To Cease for any tenant who is being disorderly and is interfering with another tenant’s peaceful enjoyment of the premises. If the tenant continues the disorderly actions, the landlord may issue a 3-Day Notice To Quit.
- Negligence/ Property Damage: A tenant may be evicted if they are grossly negligent or willfully cause property damage. A landlord may issue a 3-Day Notice To Quit.
- Housing Violations: If a landlord is cited by government officials for having a rental property that violates health and safety codes, they may give a tenant a 3-Month Notice To Quit.
- Discontinuance of Use of Rental Property: If the landlord no longer wishes to rent out the property, they may issue an 18-Month Notice To Quit prior to beginning the eviction process.
- Failure to Accept Lease Changes: If a tenant refuses to accept reasonable lease changes, landlords may provide a 1-Month Notice To Quit prior to an eviction suit.
- Condominium Conversion: If the owner wishes to convert the rental property into a condominium, landlords shall provide the tenant with a 3-Year Notice To Quit.
- Personal Use or Sale of Rental Property: If a landlord wants to sell the rental property to a buyer who intends to live on the property or the current owner wants to live on the property, they must issue a 2-Month Notice To Quit.
- Termination of Employment: For tenants who received the rental unit as part of their employment and the employment is now terminated, the landlord must provide them with a 3-Day Notice To Quit.
- Illegal Acts: In case of illegal behavior, New Jersey landlords may issue a 3-Day Notice To Quit. This notice is warranted for illegal drug use or possession, assault, willful destruction of property, and disorderly conduct.
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in New Jersey
It’s illegal for New Jersey landlords to retaliate with attempted eviction or substantially changed rental terms against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in New Jersey
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 1½ months’ rent
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits
- Holding Requirement: Landlords must hold security deposits in an interest-bearing account or invest in shares of a money market fund
- Interest Requirement: Landlords are either required to provide interest or investment earnings from a money market fund
- Receipt Requirement: Landlords must provide receipts for payments made in cash
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, utilities, and damage excluding normal wear and tear
- Time Limit for Return: Landlords must typically return security deposits within 30 days, but there is a shorter return period for some rare events like condemnation, fire, and flood
- Max. Penalty for Late Return: Tenants can sue for twice the amount wrongfully withheld, plus court costs and attorneys’ fees
Lease Termination in New Jersey
Notice Requirements: If a tenant on a periodic lease wants to break that lease, they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 1 Month |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 Months |
Early Termination: New Jersey tenants may legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
- Health crisis
Cost of Breaking a Lease in New Jersey
If a New Jersey tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in New Jersey
New Jersey does not have statewide rent control, but state law allows local governments to create their own rent control laws. Over 100 cities in New Jersey have established rent control laws.
In cities without rent control, landlords can raise the rent by any reasonable amount, as often as they choose, but they cannot increase the rent during the lease term. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice unless a local rent control ordinance requires a longer notice period.
Housing Discrimination in New Jersey
Protected Groups: The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. New Jersey state law adds extra protections for tenants on the basis of ancestry, marital status, domestic abuse victim status, gender identity, sexual orientation, source of lawful income or rental payments, and HIV/AIDS status.
Discriminatory Acts and Penalties: The New Jersey Attorney General’s Division of Civil Rights handles most housing discrimination complaints. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected class:
- Refusing to rent or sell on a bona fide offer
- Steering tenants into certain neighborhoods
- Advertisements that imply a preference for or against certain groups
- Offering different terms, conditions, or privileges
- Falsely claiming a unit is unavailable
- Administering a different application process
- Refusing to provide certain financial services related to housing acquisition
Tenants who feel that they have been the victim of housing discrimination may file a complaint with the Attorney General’s office. If the complaint is found to be justified, then the findings may serve as the basis for civil litigation.
Additional Landlord Tenant Regulations in New Jersey
In addition to having laws that address general issues like repairs and security deposits, most states, including New Jersey, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in New Jersey
New Jersey landlords have the right to enter rental property for inspections and maintenance purposes. They can also enter to show the property, but only if they explicitly reserve this right in the lease. The minimum advance notice before a landlord entry is one day, unless there’s an emergency.
Rent Collection and Related Fees in New Jersey
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee (except to seniors, for 5 business days)
- Maximum Late Fee: No limit, except it must be reasonable
- Rent Payment Methods: Landlords renting out more than two units cannot require electronic payments for any charges due under the lease (i.e., not just rent, but all fees)
- Rent Receipt: Required for cash payments and during evictions
Small Claims Court in New Jersey
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. New Jersey Small Claims Court is a division of Superior Court. The process takes approximately one to three months.
Mandatory Disclosures in New Jersey
New Jersey landlords must provide these mandatory disclosures:
- Lead-Based Paint: Landlords who own homes built before 1978 must provide information about concentrations of lead paint
- Contact Information: Landlords of a multiple dwelling must conspicuously post emergency contact instructions and information and instructions for accessing the state toll-free social services hotline, plus printing the company website address and instructions for the social services hotline on every lease for the property
- Flood Zone: Landlords of a multiple dwelling not seasonally rented must disclose if the unit lies in a known flood zone, and provide specific language in the lease relating to the potential availability of flood insurance
- Truth In Renting: Landlords must provide this guide that informs tenants of their rights
- Child Guard Protective Windows: Landlords have the responsibility to disclose and provide protective window guards to tenants upon written request
- Security Deposits: Landlords must disclose where the security deposit is being held or invested and the applicable rate of interest
Changing the Locks in New Jersey
New Jersey law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change the locks as this is considered a form of illegal “self-help” eviction.
Local Laws in New Jersey
Many cities in New Jersey have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Newark Landlord Tenant Rights
Newark has a “Municipal Rent Control Ordinance” that caps the amount a landlord can raise rental prices after a certain date. This rate is determined by the Consumer Price Index (CPI). It can also limit how much the tenant is charged in fees. More information can be found here.
Jersey City Landlord Tenant Rights
Jersey City has rent control that limits rent increases to once per year. Rent increases require government approval if they exceed 4% or the most recent rate of inflation, whichever is lower. Properties with 4 or fewer units and some other types of housing are exempt. More information is available here.
Sources
- 1 N.J. Stat. § 46:8-44(a) & (d)
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As used in this act:
a. “Landlord” means any person who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests. … Source Linkd. “Electronic funds transfer” means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s account, including, but not limited to, through the use of an automated clearinghouse (ACH) system. - 2 N.J. Stat. § 46:8-49.1
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No landlord shall require a tenant or prospective tenant to remit any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement by means of electronic funds transfer, including but not limited to an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis. A landlord who violates this section shall be subject to the penalty provisions of section 5 of P.L. 1975, c.310 (C.46:8-47).
- 3 N.J. Stat. § 55:13A-3(k)
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The term “multiple dwelling” shall mean any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other. This definition shall also mean any group of ten or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two units of dwelling space are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof…
- 4 N.J. Stat. § 55:13A-7.19
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a. The following information shall be posted in at least one conspicuous area, where the information is most likely to be viewed by tenants, of a tenant-occupied multiple dwelling and on the Internet website of any management company that manages a tenant-occupied multiple dwelling: (1) emergency contact instructions, and the name, address, and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space, in accordance with the landlord registration requirements set forth in subsection f. of section 2 of P.L. 1974, c.50 (C.46:8-28); and (2) instructions on how to access and use the comprehensive social services information toll-free telephone hotline, established pursuant to section 1 of P.L. 1991, c.542 (C.30:1-1.1). b. The following information shall be contained in a printed notice, conspicuously set forth in prominent boldface type, in every lease offered to a tenant in a multiple dwelling: (1) the Internet website address of the management company that manages the multiple dwelling; and (2) instructions on how to access and use the comprehensive social services information toll-free telephone hotline, established pursuant to section 1 of P.L. 1991, c.542 (C.30:1-1.1). c. The information provided to tenants in accordance with subsections a. and b. of this section shall be made available in English and Spanish. - 5 N.J. Stat. § 46:8-50(a) & (c)
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a. Every landlord shall notify each of the landlord’s tenants prior to lease signing or renewal, whether a property is located in the FEMA Special Flood Hazard Area (“100-year floodplain”) or Moderate Risk Flood Hazard Area (“500-year floodplain”) and if the landlord has actual knowledge that the rental premises or any portion of the parking areas of the real property containing the rental premises has been subjected to flooding. Seasonal rentals of less than 120 days shall be exempt from the requirements of this section. Each new tenant shall be provided the notices required pursuant to this section in writing and prior to the time that the lease of the rental unit is signed. If the lease is in writing, the notice required under this subsection may be included in the written lease or the written renewal lease, provided that, in the case of a residential lease, the notice is a separate rider, individually signed or otherwise acknowledged by the tenant, and written in not less than 12-point typeface.
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c. Every residential lease shall also contain the following notice to tenants: “Flood insurance may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”
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