A New Jersey month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.
Basics of a New Jersey Month-to-Month Rental Agreement
In New Jersey, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy full rights under New Jersey landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in New Jersey
New Jersey landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Truth in Renting Guide Disclosure – New Jersey landlords must provide prospective tenants with the “Truth in Renting Guide,” which discusses tenant rights.
- Contact Information Disclosure – New Jersey landlords of a multiple dwelling must conspicuously post (and put on the company website), in English and Spanish, emergency contact instructions and information, as well as instructions on how to access and use the state toll-free social services hotline. The company website address and instructions for the social services hotline must also be printed in prominent boldface on every lease for the property.
- Flood Zone Notice – New Jersey landlords must provide notice to tenants if a property is in a flood zone, including specific language regarding the potential availability of flood insurance.
- Window Guard Disclosure – New Jersey landlords have a responsibility to provide protective window guards to tenants upon written request, for child safety.
- Disclosure Statement to Senior Citizen Housing Residents – New Jersey landlords must in some cases provide telephone numbers of state and local officials for the municipality who receive reports of housing emergencies and complaints.
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in New Jersey
New Jersey lets both the landlord or tenant terminate a month-to-month lease with at least one month of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
New Jersey requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a New Jersey Month-to-Month Lease
New Jersey only allows rental increases as part of a negotiated change from one lease term to the next. This lets a tenant decide whether they want to accept the rental increase or move out. The required advance notice in New Jersey for a month-to-month lease termination is one month of advance notice, so this applies to rental increases as well.
Eviction in New Jersey Month-to-Month Rentals
New Jersey tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in New Jersey typically take between three weeks to four months.
For more information on the eviction process in New Jersey, click here.
Sources
- 1 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…
- 2 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. - 3 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.”
Source Link - 4 N.J. Rev. Stat. s. 2A:18-56
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No judgment for possession in cases specified in paragraph “a.” of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit, which notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month’s notice to quit, which notice shall be deemed to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term’s notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.
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