A New Jersey residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
New Jersey Lease Agreement Disclosures
These disclosures are required for residential lease agreements in New Jersey:
| Disclosure | Applicable To |
|---|---|
| Truth In Renting Guide | All Units |
| Flood Zone | All Units in a Flood Zone |
| Window Guard/ Child Protective Window Guards | All Units |
| Emergency Contact Information | All Multiple Dwellings |
| Disclosure Statement to Senior Citizen Housing Residents | Properties Hosting Senior Citizen Housing Projects and Related Planned Unit Developments |
| Lead-Based Paint | All Units Built Before 1978 |
Truth in Renting Guide Disclosure
Applies to all New Jersey rentals.
New Jersey landlords must provide tenants with the “Truth in Renting Guide.” This is produced by the state and discusses tenant rights. Landlords also must post a copy of the guide in a common area of the rental property. When an updated version of gets posted on the Department of Community Affairs website, landlords have 30 days to update their own copies.
Download: New Jersey Truth in Renting Guide Disclosure Form (PDF)
Flood Zone Notice
Applies to any multi-dwelling New Jersey property determined to be in a flood zone, except seasonal rentals of less than 120 days.
New Jersey landlords must provide notice to tenants if a property is in a flood zone. This disclosure must be in the lease before it’s reviewed and signed. The disclosure must include specific language about the potential availability of flood insurance.
FLOOD ZONE. The rental unit at ___________________ is in a confirmed flood zone. Please refer to the FEMA website for more information on emergency preparedness.
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.
Download: New Jersey Flood Zone Notice Disclosure Form (PDF)
Window Guard Disclosure/Notice of Right to Child Protective Window Guards
Applies to all New Jersey rental units.
New Jersey landlords have a responsibility to provide protective window guards to tenants upon written request, for child safety. Window guards are metal grilles installed to keep children from accidentally climbing out a dangerous window.
This is a model window guard disclosure, as provided by law:
The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.
The lease also must include notice of the right to request window guards, as well as a specific price for installation (limit $20 per window). This is an example of a right-to-request clause:
PROTECTIVE WINDOW GUARDS. Tenant has a right to request protective window guards be placed on windows at a cost of $___ per window.
Emergency Contact Information Posting and Disclosure
Applies to all New Jersey multiple dwellings (buildings housing three or more rental units).
New Jersey landlords of a multiple dwelling must post emergency contact instructions and information, as well as how to access and use the state toll-free social services hotline. This information must be in English and Spanish.
The contact information must include the name, address, and telephone number of someone representing the owner or management company who may be reached at any time in an emergency. This information must be posted in at least one conspicuous area on the premises, and also (if applicable) on the website of the company managing the property.
The company website address and hotline instructions must be printed in prominent boldface on every lease for the property.
Disclosure Statement to Senior Citizen Housing Residents
Applies to New Jersey’s senior citizen housing projects and related planned unit developments.
New Jersey landlords must in some cases provide telephone numbers of state and local officials who receive reports of housing emergencies and complaints. This is a requirement for landlords presiding over a senior housing project or related planned unit development.
If the project is operated as a planned real estate development, the board must provide copies of the Public Offering Statement registered with the New Jersey Department of Community Affairs and current bylaws.
Tenant must sign a receipt confirming they’ve had a chance to review these documents. The documents must be posted at one location on the rental property, and the landlord must keep the signed tenant receipt for at least one year.
Lead-Based Paint Disclosure
Applies to any New Jersey rental built before 1978.
New Jersey residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- Fill out and attach this lead-based paint disclosure form to the lease agreement
- Provide the tenant with an Environmental Protection Agency (EPA) approved pamphlet about the dangers of lead-based paint
- Provide any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: New Jersey Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by New Jersey law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Landlord’s Name and Address | Gives the tenant the landlord’s name and address, or that of their authorized agent. This allows required communication (for example, about repairs) to happen in a smooth way. Typically includes additional contact information, such as phone numbers and email addresses. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. New Jersey does not limit late fees. Under New Jersey law, landlords must wait five days after the due date to charge a late fee if the tenant receives certain government pensions. State law does not provide guidance on returned check fees before 35 days past due. After that, the landlord can recover triple the face value of the check, with a minimum of $100 and a maximum of the face value + $500. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Move-In Checklist | Takes inventory of existing property damage, when the tenant moves into the rental property. This ensures accurate deductions from the security deposit upon move-out. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For New Jersey landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Sources
- 1 N.J. Stat. § 46:8-46
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Every landlord shall distribute one copy of the statement prepared and made available pursuant to the provisions of this act to each of their tenants within 30 days after it has been made available by the department and shall thereafter provide a copy of the current statement to each new tenant at or prior to the time he assumes occupancy of the dwelling. In addition, every landlord shall keep a copy of the current statement posted in one or more locations so that the statement is prominent and accessible to all his tenants.
Source Link - 2 N.J. Stat. § 46:8-50(1)(a)
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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.
Source Link - 3 N.J. Stat. § 2A:42-113(b)
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Every landlord of a senior citizen housing project, and every landlord of a unit within a senior citizen housing project that is a planned unit development, shall give copies of the statements required by P.L.1974, c.50 (C.46:8-27 et seq.), P.L.1975, c.310 (C.46:8-43 et seq.) and section 1 of this act to each resident at the time of the signing of the lease and any renewal thereof, if the units in the project are rented or offered for rent. If the project is organized or operated as a planned real estate development, the governing board or body shall provide copies of the public offering statement approved by the Department of Community Affairs in accordance with P.L.1969, c.215 (C.45:22A-1 et seq.) or P.L.1977, c.419 (C.45:22A-21 et seq.) and of the current bylaws of the planned real estate development to all residents to whom copies of those documents were not previously issued either by the developer or by the governing board or body.
Upon receipt of the statements or documents, as the case may be, the resident shall sign a form indicating that the landlord delivered the statements or documents as required under the provisions of this section. The owner shall keep the form on file for one year.
The landlord shall post copies of the statements and documents in one or more locations so the statements and documents are prominently displayed and accessible to all the residents of the senior citizen housing project.
Source Link - 4 N.J. Admin. Code § 27A
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MODEL LEASE AND NOTICE PROVISION
The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.
Source Link - 5 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…
- 6 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 - 7 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 - 8 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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