New Jersey Lease Agreement

Required Landlord Disclosures (5)

The only federally required landlord disclosure requires the disclosure of known information about lead-based paint and lead-based paint hazards before the sale or lease of most housing built before 1978.

The New Jersey legislature requires the rest of the disclosures below.

1. Flood Risk: New Jersey landlords must inform tenants if their property is in a flood zone. This disclosure must be included in the lease agreement before it’s signed and should specify the potential availability of flood insurance (NJ Stat. § 46:8-50).

2. Truth in Renting Guide: New Jersey landlords are obligated to provide prospective tenants with the “Truth in Renting Guide,” which details tenants’ rights. This guide must also be posted in a common area of the rental property, and landlords have 30 days to update their copies when a new version is available on the Department of Community Affairs website (NJ Stat. § 46:8-46).

3. Window Guard: New Jersey landlords are responsible for providing protective window guards to tenants upon written request. The lease agreement must clearly state the tenant’s right to request window guards and specify an installation cost of no more than $20 per window (NJ Admin. Code § 5:10-27.1).

4. Information on Crime Insurance; Advice to Tenant: Landlords of multifamily dwellings must provide information regarding crime insurance available through the Federal Crime Insurance Program (NJSA Sect. 46:8-39).

Security Deposit Regulations

Maximum Security Deposit Amount: A landlord cannot charge more than one and a half months’ rent as a security deposit (NJ Stat. § 46:8-21.2).

Receipt of Deposit: New Jersey landlords must send tenants details of where their security deposit is held within 30 days of receiving it (NJ Stat. § 46:8-19).

Interest: Landlords are required to deposit the security funds into an interest-bearing account (NJ Stat. § 46:8-19).

Name, Location of Bank Account: Landlords are required to provide information on the name, address, account type, and interest rate of the banking institution where security deposits are held. (NJ Stat.§ 46-8-19(c))

Deduction Tracking: To avoid potential disputes, New Jersey landlords should maintain detailed records of all expenses related to deductions from the tenant’s security deposit, including supporting documentation.

Returning a Tenant’s Security Deposit: New Jersey landlords must return a tenant’s security deposit within 30 days of lease termination, along with an itemized list of any deductions (NJ Stat. § 46:8-21.1).

Landlord’s Access to Property

Advance Notice: Landlords generally do not have the right to enter a tenant’s rental premises without the tenant’s consent or a court order (NJ Stat. § 2A:39-1).

Immediate Access: Immediate access shall be granted, particularly for cases of multiple dwellings, when conditions threaten the safety or health of those within or near the premises (N.J. Ad. Code 5:10-1.1 et seq.).

Landlord Harassment: Failing to provide proper notice before entering a tenant’s property, especially without a valid reason, could be considered landlord harassment, and therefore, a tenant could break the lease early without penalty.

Rent Payment Laws

Grace Period: Landlords must allow tenants a 5-day grace period to pay rent after the due date. No late fees can be charged during this grace period (NJ Stat. § 2A:42-6.1).

Late Rent Fees: New Jersey does not specify a limit on late fees.

Tenant’s Right to Withhold Rent: Tenants can withhold rent if a landlord fails to maintain the property’s habitability standards, such as heating or plumbing issues (NJ Stat. § 2A:42-85).

Breach of Rental Agreement

Missed Rent Payment: If a tenant misses a rent payment, landlords can pursue eviction by submitting a notice to quit after the 5-day grace period (NJ Stat. § 2A:18-61.1).

Lease Violation: If tenants violate lease terms, landlords can pursue eviction proceedings by submitting a notice to quit (NJ Stat. § 2A:18-61.1).

Self-Help Evictions: Self-help evictions are illegal in New Jersey.

Lease Abandonment: If a tenant leaves the property lease before it is up, landlords must make reasonable efforts to re-rent the unit and mitigate losses. However, if a landlord cannot find a suitable tenant, tenants will be responsible for paying rent for the remainder of the lease (Sommer v. Kridel).

Ending a Lease

Month-to-Month: Before moving out, a tenant on a month-to-month lease must provide written notice to terminate the lease at least one full month in advance.

Fixed-Term: New Jersey tenants can legally break a fixed-term lease before its end date under several circumstances, such as active military duty deployment, disability, domestic violence, or unit uninhabitability (NJ Stat. Ann. § 46:8 & § 2A:42-88).

Property Abandonment: If a tenant abandons property after vacating a rental property, the landlord must follow specific procedures. Specifically, landlords should send a written notice to the tenant, giving them at least 30 days to reclaim their belongings. If the tenant does not respond or collect the property within that time, the landlord may dispose of or sell the items (NJ Stat. 2A:18-72).

Renewing a Lease

Required Renewals: In New Jersey, a landlord must renew tenant leases unless there is a valid reason for eviction, such as non-payment or other just cause. Additionally, yearly and month-to-month leases automatically renew unless either party provides a proper notice to terminate the lease, though some exceptions apply (NJ Stat. § 2A:18-61.1).

Required Notice: New Jersey landlords must give tenants a minimum notice period if they do not intend to renew either month-to-month or fixed-term leases (NJ Stat. 2A:18-56).

Rent Control & Stabilization

While rent control laws are not universal across New Jersey, some cities enforce rent stabilization ordinances that limit landlords’ ability to increase rent between lease terms. Landlords should familiarize themselves with local ordinances to ensure compliance.