A New Jersey rental agreement is a legal contract between a landlord overseeing a rental property and a tenant using the property. Delaware landlord-tenant law governs and regulates these agreements.
New Jersey Rental Agreement Types
A New Jersey roommate agreement is a legal contract between two or more people (“co-tenants”) who share a rental property according to rules they set, including for things like splitting the rent. This agreement binds the co-tenants living together, and doesn’t include the landlord.
New Jersey Required Residential Lease Disclosures
- Truth in Renting Guide Disclosure (required for all leases) – New Jersey leases must contain the New Jersey Truth in Renting Guide. Landlords also must provide access to the guide in a common area on the property.
- Contact Information Disclosure (required for all leases in multiple-dwelling buildings) – New Jersey landlords of a multiple dwelling must conspicuously post emergency contact instructions and information, and instructions on how to access and use the state toll-free social services hotline. These must be in English and Spanish. The information must be put on the company website as well. The website address and instructions for the hotline must be printed in prominent boldface on every lease.
- Flood Zone Notice (required for some leases) – New Jersey leases of multiple dwellings (other than seasonal rentals) must disclose when they’re in a flood zone. The disclosure must include specific language about the potential availability of flood insurance.
- Window Guard Disclosure/Notice of Right to Child Protective Window Guards (required for all leases) – New Jersey landlords must advise tenants of their right to request childproof window guards on the property, at a cost of $20 per installation.
- Lead-Based Paint Disclosure (required for some leases) – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
To learn more about required disclosures in New Jersey, click here.
New Jersey Landlord Tenant Laws
- Warranty of Habitability – New Jersey landlords can only rent out habitable property. This means providing certain basic health and safety features like heat, plumbing, and electricity. Landlords must repair any issues within an “adequate” time after proper notice from the tenant. Failure to repair lets a tenant sue the landlord, or repair and deduct from the rent.
- Evictions – New Jersey landlords may evict for rent default, lease violations, or illegal acts, among other things. Before filing eviction, landlords must serve tenants with prior notice to quit. This means most evictions in New Jersey take over a month to complete.
- Security Deposits – New Jersey limits a security deposit to one and one-half month’s rent. Landlords may demand a larger deposit when rent increases, if the deposit increase is 10% per year or less. When a lease ends, the landlord usually has 30 days to return any unused portion of a tenant’s deposit.
- Lease Termination – New Jersey lets month-to-month tenants end a lease with 30 days of advance notice. Terminating a fixed-term lease usually requires active military duty, landlord harassment, uninhabitable property, or domestic abuse.
- Rent Increases and Fees – New Jersey has many areas which enforce some form of rent control. This means most places limit the amount or frequency of a rent increase. Statewide, landlords can’t raise rent without at least 30 days of advance notice. New Jersey does not cap late fees. State law does not provide for returned check fees before the check is 35 days past due. Afterward, a landlord can sue for a penalty of $500 plus costs.
- Landlord Entry – New Jersey landlords may enter rental property for reasonable business purposes, like maintenance and inspections. Except in emergencies, they must provide at least one day of advance notice.
- Settling Legal Disputes – New Jersey lets small claims courts hear landlord-tenant disputes, as long as the amount in controversy is under $5,000. Evictions are not allowed in small claims. The statute of limitations for most landlord-tenant issues is six years.
To learn more about landlord tenant laws 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.
Source Link - 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. Stat. § 2A:32A-1(a)
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Notwithstanding N.J.S. 2C:21-5, or any other criminal sanction which may apply, any person who makes any check, draft, or order of withdrawal for the payment of money, or authorizes an electronic funds transfer, which is subsequently dishonored for lack of funds or credit to pay, or because the maker does not have an account with the drawee, and who then fails to pay the face amount in cash or by cashier’s or certified check within 35 days after the date a demand for payment of dishonored check notice was mailed by or on behalf of a payee by certified mail to the maker’s last known address, shall be liable to the payee, in addition to the amount owing upon the check, draft, order, or electronic funds transfer for attorneys’ fees, court costs and the costs of mailing the written demand for payment and for damages in an amount equal to $100 or triple the amount for which the check, draft, order, or electronic funds transfer is drawn or made, whichever is greater. However, damages recovered under this section shall not exceed by more than $500 the amount of the check, draft, order, or electronic funds transfer.For purposes of this section, “date” means the date indicated on the form registering the demand notice as certified mail.
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