Renting in New Jersey often comes with significant structure, even when the agreement itself is flexible. A month-to-month rental agreement allows landlords and tenants to continue the tenancy on a month-to-month basis, with the lease automatically renewing unless either party provides proper notice.
A New Jersey month-to-month lease agreement, sometimes referred to as a tenancy at will, still creates a binding legal relationship. New Jersey offers strong tenant protections, and landlords must comply with detailed state requirements for rental agreements.
Here, we’ll explain how month-to-month rentals operate under New Jersey law and what landlords need to address before entering this type of agreement.
Disclosures (5)
Before a tenant moves in, New Jersey law requires landlords to provide multiple disclosures designed to protect tenant safety and ensure transparency.
- Lead-based paint: Federal law requires landlords to disclose any known information about lead-based paint or lead hazards in residential properties built before 1978 and to provide the EPA’s lead safety pamphlet. New Jersey law also requires landlords to have periodic lead paint inspections performed (N.J.A.C. § 5:28A).
- The Truth-in-Renting Act: Landlords must provide tenants with the New Jersey Truth in Renting statement, which explains tenant rights and landlord obligations (N.J.S.A. § 46:8-46).
- Flood zone: Landlords must tell tenants if the rental property lies in a flood hazard area and provide related flood risk information before the tenant signs the lease (N.J.S.A. § 46:8-50).
- Window guards: For properties with child occupants, landlords must provide notice about the availability of window guards and install them when required (N.J.A.C. § 5:10-27).
- Information on crime insurance: New Jersey landlords are typically required to give their tenants information about crime insurance, which is available through the Federal Crime Insurance Program (N.J. Stat. § 46:8-39).
Optional Disclosures and Addenda
Optional disclosures help clarify expectations in a highly regulated rental environment, such as New Jersey. While state law does not require these, many landlords include them to reduce risk.
Asbestos: Discloses any known asbestos in the rental and suggestions for avoiding or limiting exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or in adjacent units.
Landlord’s name and address: Provides the name and contact information of the landlord or person responsible for managing the property.
Late/returned check fees: Outlines the fees related to late or returned rent checks. State law does not limit the amount landlords can charge as a late fee. In New Jersey, for returned checks, landlords may recover up to three times the check amount once the check is 35 days past due (N.J. Stat. § 2A:32A-1(a)).
Medical marijuana use: Details the rules regarding the use of medical marijuana in the rental.
Mold disclosure: Informs tenants of any known or suspected mold issues in the unit, as well as treatment and removal options.
Move-in checklist: Lists the detailed condition of the unit at the tenant’s move-in, including any existing damages.
Non-refundable fees: Outlines any fees that landlords will not refund or return at the end of the rental agreement.
Shared utilities: If any of a landlords units share a utility meter, they must explain how they split the utility charges between tenants.
Smoking: Outlines the smoking policy for the rental, including any designated smoking areas on the property.
Additional New Jersey Month-to-Month Lease Laws
New Jersey law continues to apply to the rental relationship for the duration of the tenancy, even when the agreement renews monthly. Here’s everything you need to know.
Notice to Terminate a Month-to-Month Agreement
Ending a month-to-month tenancy in New Jersey requires specific written notice delivered to the other party.
Required notice for tenant: Tenants must provide at least 30 days’ written notice before terminating a month-to-month lease (New Jersey Department of Community Affairs, Truth in Renting Guide).
Required notice for the landlord: Landlords must also provide tenants with at least 30 days’ written notice to terminate a month-to-month agreement, and they must cite a just cause to terminate the agreement.
Laws Governing Rent Increases
New Jersey permits rent increases in month-to-month rentals, but it imposes more rules than many other states.
For instance, while New Jersey does not have statewide rent control, many cities and counties have their own rent stabilization ordinances. New Jersey landlords should always check local laws before raising rent. Where rent control does not exist, landlords may increase rent with proper written notice.
Lease Violations and Eviction
New Jersey requires landlords to follow strict procedures before removing a tenant, even in month-to-month arrangements.
Missed rent payment: If a tenant fails to pay rent, landlords must provide a written notice demanding payment before filing for eviction. Nonpayment cases fall under New Jersey’s Anti-Eviction Act and proceed through the court system (N.J. Stat. § 2A:18-61.1).
Lease violation: For lease violations other than nonpayment, landlords must serve a written Notice to Cease followed by a Notice to Quit if the violation continues (N.J. Stat. § 2A:18-61.1).
Lease abandonment: If a tenant vacates the unit without notice and leaves any belongings behind, landlords must follow New Jersey’s abandoned property procedures before removing said items.
Self-help evictions: In New Jersey, self-help evictions are illegal. Landlords should never attempt to remove a tenant on their own and should always go through the proper legal steps.
Rent Payment Laws
Rent payment rules in New Jersey emphasize fairness and tenant protections.
Rent control/stabilization: Local rent control laws may limit how often and how much landlords can increase rent. Always review local laws before making changes.
Late rent fees: State law does not limit how much landlords can charge in late fees, but they must charge reasonable amounts and clearly disclose them in the lease template.
Grace period: New Jersey provides a mandatory five-day grace period for certain tenants, including seniors and recipients of specific government assistance. Other tenants follow the terms stated in the lease (New Jersey Department of Community Affairs, Truth in Renting Guide).
Tenant’s right to withhold rent: Tenants may not withhold rent automatically. New Jersey allows tenants to pursue court-approved remedies or escrow actions for serious habitability issues (N.J. Stat. § 2A:42-85).
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the lease clearly explains the charges and complies with local rules.
Security Deposits
New Jersey enforces strict rules on how landlords collect and manage security deposits.
Maximum amount: Landlords may collect up to one and one-half months’ rent as a security deposit(N.J. Stat. § 46:8-21.2).
Deposit receipt: Landlords must provide written notice of the deposit location and the interest rate applied (N.J. Stat. § 46:8-19).
Interest payments: Landlords must pay tenants annual interest on security deposits or credit the interest toward rent (N.J. Stat. § 46:8-19).
Security deposit return: Landlords must return the security deposit, along with an itemized list of any deductions withheld, within 30 days after the tenant moves out (N.J. Stat. § 46:8-21.1).
Deductions: Landlords may deduct unpaid rent or damages beyond normal wear and tear and must provide an itemized statement of deductions.
Property Access Laws
New Jersey law protects tenant privacy while allowing landlords to maintain their property.
Advance notice: In New Jersey, landlords are generally not allowed to enter a rental property without the tenant’s consent or a court order (N.J. Stat. § 2A:39-1).
Immediate access: Landlords may enter a rental property without giving notice to the tenant in the event of an emergency.
Harassment: Repeated entry without proper notice or entry into the unit without just cause may constitute landlord harassment and could result in penalties.
