If you’re considering renting out a spare room in your New Jersey home, you’ll need a room rental agreement to make it official. To do so, you can use a thorough lease to safeguard their investment, avoid disputes, and keep everyone accountable. Leveraging free property management software can help you further streamline the process of leasing part of your home to a tenant.
In this guide, we’ll discuss the different rental laws that apply to any New Jersey lease agreement, including room rentals.
Room Rental Laws
Federal guidelines, state regulations, and New Jersey landlord-tenant laws govern all room rental agreements. Here’s what all landlords in the Garden State must do:
- Give tenants adequate notice before entering their room.
- Avoid landlord harassment.
- Maintain safe, habitable housing.
- Include mandatory disclosures in their rental contract.
We’ll cover all New Jersey room rental agreement laws and disclosures in detail, but first, here are a few words on contract types.
Different Types of Room Rental Agreements in New Jersey
You can use any of the following to create your New Jersey room rental agreement:
- Verbal agreement: These contracts rely on word of mouth, making it easy for disputes to arise.
- Fixed-term lease: Because these written contracts state a start and end date, they’re a great way to lock in stability and clarity.
- Month-to-month lease: “Tenancy at will” leases are the most flexible. They automatically renew each month, but both landlords and tenants can terminate them at any time.
When selecting a format for your lease agreement, consider your relationship to the tenant, the tenancy’s length, and whether you prefer flexibility or stability.
Required Landlord Disclosures
One of the most important sections in your New Jersey room rental agreement is the mandatory disclosures. Here’s what you have to include:
- Lead-based paint: Landlords must disclose any lead-based paint and hazards if you lease a property built before 1978 (42 U.S.C. § 4852d).
- Flood zone: If the rental property is located in a flood zone, lanldords must inform tenants (N.J. Stat. § 46:8-50).
- Window guards: Landlords of multi-unit buildings must tell tenants about the state’s legal requirement for window guards in units with children 10 years old or younger (N.J. Stat. § 5:10-27.1).
- Truth in Renting Act: New Jersey law requires landlords to provide a copy of the state’s Truth in Renting legal statement upon move-in (N.J. Stat. § 46:8-47).
Keep the following legal guidelines in mind when renting a room:
Security Deposit Rules
Maximum security deposit: New Jersey law caps security deposits at 1.5 times 1 month’s rent (N.J. Stat. § 46:8-21.2).
Security deposit receipt: Landlords must give tenants a receipt when they pay in cash, which must include the amount paid, the purpose, the date, and the landlord’s and tenant’s names (N.J. Stat. § 46:8-49.2).
Deduction tracking: If a landlord withholds security deposit funds, they must give tenants an itemized deduction statement in writing within 30 days of move-out (N.J. Stat. § 46:8-21.1).
Security deposit return: Landlords must refund the remaining security deposit, plus any accrued interest, within 30 days (N.J. Stat. § 46:8-21.1).
Pet deposits: New Jersey law counts pet deposits as part of the overall security deposit (N.J. Stat. § 46:8-21.2).
Rent Payment Rules
Late rent fees: Landlords can charge a reasonable late fee if they detail your policy in the lease agreement.
Right to withhold rent: New Jersey law doesn’t permit tenants to withhold rent under any circumstances.
Grace period: State law requires landlords to give senior citizens on Social Security a grace period of 5 business days (N.J. Stat. § 2A:42-6.1).
Pet rent: Landlords can charge a reasonable pet rent if they clearly state it in the lease agreement. With that in mind, landlords can’t charge a monthly rent for Emotional Support Animals (ESAs) or service animals (42 U.S.C. § 3601 et seq.).
Rent Payment Increase Rules
Rent payment increase frequency: There isn’t a state law limiting how often landlords can increase rent, but they can’t change the amount during a fixed-term lease unless their contract allows it.
Rent payment increase maximum: New Jersey law doesn’t cap rent increase amounts.
Rent control/stabilization: State law exempts landlords of newly constructed housing units from local rent control policies for a period after construction, typically 30 years (N.J. Stat. § 2A:42-84.5).
New Jersey Room Rental Agreement Breaches
Failure to pay: In New Jersey, landlords can file an eviction notice immediately. State law doesn’t require them to provide formal notice unless the tenant is in federally subsidized housing (N.J. Stat. § 2A:18-61.1).
Lease violations: If tenants break their lease, landlords must send them a Notice to Cease followed by a Notice to Quit (N.J. Stat. § 2A:18-61.1).
Self-help evictions: New Jersey law prohibits landlords from forcibly removing tenants without a court-ordered eviction warrant (N.J. Stat. § 2A:42-10.16).
Terminating a New Jersey Room Rental Agreement
Month-to-month: Landlords must give 30 days’ written notice before the rental period ends, unless the lease specifies a different notice period (N.J. Stat. § 2A:18-56).
Fixed-term: If a landlord terminates a fixed-term room rental agreement in New Jersey early without a legal reason to do so, they could face legal penalties.
Room abandonment: State law allows landlords to take possession of the room after it has been abandoned, but they must send the tenant a written notice and attempt to mitigate damages (N.J. Stat. § 2A:18-61).
Tenant’s right to terminate: In New Jersey, tenants can avoid penalties if they have a legal reason to end their lease early, such as a senior relocation or the death of a tenant or spouse. However, they must notify landlords in writing before doing so (N.J. Stat. § 46:8-9.1 et seq.).
Landlord Access Laws
Immediate access: New Jersey landlords may enter a tenant’s room without notice only in extreme emergencies, such as fires, leaks, or floods.
Landlord harassment: Landlords can’t access the room excessively or harass tenants.
Advance notice: State law doesn’t require a specific notice period, but 24 hours is standard.
Lease Agreement Renewal and Termination
Required renewals: Landlords are not required to continue a room rental agreement in New Jersey.
Required notice: To end a month-to-month agreement, landlords must provide 30 days’ written notice (N.J. Stat. § 2A:18-61).
Month-to-month considerations: If tenants stay in the room after a fixed-term agreement expires, the lease usually converts to a month-to-month tenancy.
Use these legal guidelines alongside property management software to make renting a room simple and stress-free.
Room Rental Agreement New Jersey FAQs
What to include in a New Jersey room rental agreement?
Add the following to your room rental agreement in New Jersey:
- Mandatory disclosures
- Rent policies
- Security deposit information
- House rules and responsibilities
How do I legally rent out a room?
Use a New Jersey room rental agreement form to establish clear rules and expectations.
How to make a New Jersey room rental agreement?
Streamline the process with iPropertyManagement’s printable PDF template.
