In New Jersey, a landlord’s obligation for providing a habitable living space is primarily governed by case law and NJ Rev Stat § 2A:42-85. This legal requirement, commonly known as the “implied warranty of habitability”, also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Hot/Cold Water, Mailboxes, Smoke/Carbon Monoxide Detectors.*Multi-family units may have additional requirements. |
| Time Limit for Repairs | “Reasonable” Amount of Time |
| Tenant Recourse Options |
|
Applicable Dwelling Types in New Jersey
The implied warranty of habitability in New Jersey does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Some state laws apply |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | No |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Yes |
| Hotels/Motels | Yes |
Additionally, rental agreements are not allowed to include any provisions that waive the tenant’s right to live in a habitable residence.
Landlord Responsibilities in New Jersey
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in New Jersey, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Multi-family units |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Multi-family units |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Multi-family units (AC not required) |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Multi-family units |
| Provide working gas lines if used for utilities/cooking | Multi-family units |
| Provide working sanitation facilities (bathtub/shower, toilet). | Multi-family units |
| Provide a trash can (for trash pickup services). | Multi-family units |
| Ensure that any stairs and railings are safe. | Multi-family units |
| Ensure that all floors are in good condition and safe. | Multi-family units |
| Provide fire exits that are usable, safe, and clean. | Multi-family units |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Not addressed |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Yes |
| Provide working wiring for one telephone jack. | Not addressed |
| Provide working kitchen appliances. | Multi-family units |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | Not addressed |
All residential leases in New Jersey must contain an implied warranty of habitability. A landlord who rents or leases a single-family or two-family occupied home is required to file a registration statement with the Clerk of the Municipality. All buildings with three or more rental units shall comply with the regulations for the maintenance of Hotels and Multiple Dwellings and the rental units must be registered with the Bureau of Housing Inspection (BHI) in the Department of Community Affairs. BHI enforces the regulations for the maintenance of a building.
Nearly all of the state-level laws are focused on multi-family units. For single family units and duplexes, you will need to look to the laws of your local government for additional landlord and tenant requirements and responsibilities.
Heat
If the lease requires the landlord to provide heat to the dwelling unit, there are State housing codes a landlord must meet. From October 1st to May 1st heat must be supplied so the dwelling unit is at least 68 degrees Fahrenheit from the hours of 6 am to 11 pm and between 11 pm and 6 am the temperature must be at least 65 degrees Fahrenheit.
Pests
In addition to the above, New Jersey Landlords must keep multi-family units free from rodent and other pest infestations.
Security
Landlords of multi-family units must also provide locks for all exterior doors and windows.
Lead Paint
Under New Jersey law, landlords are required to remove “dangerous” lead paint from single and multi-family rental properties built prior to 1978. You will need to check with state and local ordinances to determine whether any lead paint in your rental unit is considered “dangerous” and must be removed.
Sprinkler Systems
Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, New Jersey has enacted laws requiring “retroactive” installations for high rises.
Window Guards
Landlords are required to install and supply window guards in all common areas of the multi-family dwelling unit for tenants who have children 10 years old or younger. Landlords must inspect the window guards twice a year.
Repairs, Recourse & Retaliation in New Jersey
If a rental property is in violation of the implied warranty of habitability in New Jersey, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in New Jersey
New Jersey renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue by certified mail. The landlord gets “adequate time” after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can repair and deduct, ask a court to abate (withhold) rent, or ask a court to order repairs or compensation. In severe cases, the renter can claim constructive eviction and move out.
Renter’s Rights if Repairs Aren’t Made in New Jersey
New Jersey renters have the right to repairs for a variety of potential issues, including things that impact health and safety. To exercise their right, renters have to give the landlord written notice about the issue that needs fixing and wait an “adequate” time for the landlord to do repairs.
If the issue isn’t fixed by the landlord in a timely way, the renter could end the rental agreement or get a court order for repairs or compensation. However, the renter usually can’t repair and deduct, or withhold rent. Read More
Landlord Retaliation in New Jersey
It’s illegal for New Jersey landlords to retaliate with attempted eviction or substantially changed terms of tenancy, against tenants who have taken one of the following protected actions in the past 90 days:
- Complaining to the government about failure to maintain the property, after asking the landlord for repairs.
- Participating in a tenant organization.
- Pursuing rights or remedies given by the law or lease.
- Winning a retaliation claim against the landlord.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
