Landlord Guide to Renting in New Jersey

New Jersey permits both written and oral rental agreements. Although oral leases are enforceable for terms of one year or less, the Truth in Renting Act (N.J. Stat. Ann. § 46:8-44) requires landlords to provide tenants with a written copy of the lease and a notice of their legal rights (the DCA Truth in Renting statement) before move-in.

• Oral leases are enforceable for terms of one year or less; longer terms should be in writing
• Landlords must provide a copy of the Truth in Renting statement published by the Department of Community Affairs (N.J. Stat. Ann. § 46:8-44)
• Lease clauses that waive the landlord's legal obligations or the tenant's statutory rights are unenforceable (N.J. Stat. Ann. § 46:8-48)
• Month-to-month tenancies arise when no fixed term is specified or upon lease expiration without renewal

New Jersey's Security Deposit Act (N.J. Stat. Ann. §§ 46:8-19 to 46:8-26) limits the security deposit to one and one-half months' rent. The deposit must be placed in an interest-bearing account or an insured money market fund, and the landlord must notify the tenant of the bank name, address, and account type within 30 days.

• Maximum deposit: one and one-half months' rent (N.J. Stat. Ann. § 46:8-21.2)
• Deposit must be placed in an interest-bearing trust account or insured money market fund at a New Jersey bank (N.J. Stat. Ann. § 46:8-19)
• Landlord must notify the tenant in writing of the bank name, address, and account type within 30 days of receiving the deposit (N.J. Stat. Ann. § 46:8-19)
• Interest or earnings on the deposit must be paid to the tenant annually or credited toward rent (N.J. Stat. Ann. § 46:8-19)

New Jersey requires several disclosures at or before the start of the tenancy. These are among the most extensive in the country and include flood risk, lead paint, and housing code violation information.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Truth in Renting statement issued by the Department of Community Affairs (N.J. Stat. Ann. § 46:8-44)
• Written notice of the identity and address of the building owner or registered agent (N.J. Stat. Ann. § 46:8-28)
• Flood risk disclosure if the property is located in a flood zone (N.J. Stat. Ann. § 46:8-50)
• Window guard notice for buildings with children under 10 years of age (N.J. Admin. Code § 5:10-27.1)

Rent is due on the date specified in the rental agreement. New Jersey provides a 5-day statutory grace period: landlords may not charge a late fee until rent is more than 5 days past due (N.J. Stat. Ann. § 2A:42-6.1). Late fees must be reasonable.

• Rent is due on the date stated in the lease
• A 5-day grace period is required before any late fee may be imposed (N.J. Stat. Ann. § 2A:42-6.1)
• Late fees must be reasonable and specified in the lease
• Landlords must accept rent by personal check, money order, or cash unless the lease specifies other methods

New Jersey landlords have a strong implied warranty of habitability. Under Marini v. Ireland, 56 N.J. 130 (1970) and statutory provisions, landlords must maintain the premises in a habitable condition and comply with all applicable building, housing, and health codes.

• Maintain the property in a habitable condition and comply with all applicable building, housing, and health codes
• Provide and maintain essential services including heat (from October 1 to May 1), plumbing, electricity, hot and cold running water
• Make repairs within a reasonable time after receiving notice from the tenant
• Keep common areas in a safe and sanitary condition

New Jersey does not have a specific statute defining notice requirements for landlord entry. However, case law and the implied covenant of quiet enjoyment require landlords to provide reasonable notice before entering for non-emergency purposes. Courts generally consider 24 hours to be reasonable.

• No specific statutory notice period, but reasonable notice is required under the covenant of quiet enjoyment
• Courts generally accept 24 hours as reasonable notice for non-emergency entry
• Entry must be at reasonable times and for legitimate purposes such as repairs, inspections, or showing the unit
• Emergency entry is permitted without notice when there is imminent danger to persons or property

New Jersey does not have statewide rent control, but it is one of the few states that permits municipalities to enact their own rent control ordinances. Over 100 municipalities in New Jersey have some form of rent regulation. Landlords must check local ordinances for applicable limits.

• No statewide rent control, but municipalities may enact rent control ordinances (N.J. Stat. Ann. § 2A:42-74 et seq.)
• Over 100 municipalities have rent control; check local regulations before increasing rent
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• For month-to-month tenancies without rent control, landlords should provide at least 30 days' written notice before an increase

New Jersey is a "good cause" eviction state under the Anti-Eviction Act (N.J. Stat. Ann. § 2A:18-61.1). Landlords cannot terminate a tenancy without one of the statutory grounds listed in the Act. Notice requirements depend on the specific ground for eviction.

• Good cause is required for all evictions — landlords may not simply decline to renew a lease without statutory grounds (N.J. Stat. Ann. § 2A:18-61.1)
• Nonpayment of rent: landlord must provide written notice and give the tenant one month to pay before filing (N.J. Stat. Ann. § 2A:18-61.2)
• Disorderly conduct or destruction of property: 3-day notice to cease the behavior (N.J. Stat. Ann. § 2A:18-61.2)
• Lease violation: one month's written notice to cure before filing an eviction action (N.J. Stat. Ann. § 2A:18-61.2)

Evictions in New Jersey are filed in the Special Civil Part of the Superior Court (landlord-tenant section). The Anti-Eviction Act strictly governs the grounds and procedures. Only a court-ordered eviction executed by a court officer is lawful.

• Serve the required written notice based on the specific statutory ground for eviction (N.J. Stat. Ann. § 2A:18-61.2)
• File a complaint for eviction in the Special Civil Part of the Superior Court, Landlord-Tenant Section
• The court schedules a hearing; the tenant has the right to appear, raise defenses, and request adjournments
• If the court issues a judgment for possession, a warrant of removal is issued and executed by a court officer after a statutory stay period

Under New Jersey's Security Deposit Act (N.J. Stat. Ann. § 46:8-21.1), landlords must return the security deposit plus accrued interest within 30 days after the tenant vacates. An itemized list of deductions must be provided if any amount is withheld.

• Return deadline: 30 days after the tenant vacates (N.J. Stat. Ann. § 46:8-21.1)
• Accrued interest or investment earnings must be returned with the deposit
• Permissible deductions: unpaid rent, damages beyond normal wear and tear
• An itemized written statement of deductions must accompany any withheld amount; failure to provide one may result in the landlord forfeiting the right to deductions and being liable for double the amount wrongfully withheld