
Renting a home or owning one in New Jersey comes with rules. If you’re a landlord or a tenant, it’s important to know your rights and duties. This guide breaks down New Jersey’s rental laws in a simple way.
You’ll learn about rent, evictions, and how to solve problems. Whether you want to protect your property or make sure your home is safe and fair, this guide will help you understand what to do.
Table of Contents
What are Landlords’ and Tenants’ Rights in New Jersey?
What Rights Do Landlords Have in New Jersey?
In New Jersey, landlords have specific rights designed to protect their property and ensure a fair rental process. These rights balance their responsibilities toward tenants with the ability to manage their investments effectively.
Below is an overview of key landlord rights in the state.
1. Collect Rent
Landlords can collect rent when it’s legally due on the date specified in the agreement, which is usually the 1st of the month. This also includes applicable late fees if the rent is paid late.
However, they can’t charge late fees to senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions, or other governmental pensions in lieu of Social Security Old Age Pensions, as long as their entitled five business days grace period remains in effect, per N.J. Stat. §§ 2A:42-6.1, 2A:42-6.3.
2. Right of Entry
In New Jersey, landlords can enter the rented property if the lease terms or the agreement allows it. Whether a prior notification or written notice is required depends on whether it’s an emergency or not.
In emergencies, such as a fire, a severe water leak, or if the premises appear abandoned after a reasonable time, landlords don’t have to send any kind of notice before entering. Rest, all non-emergency situations typically require a court order or the tenant’s permission through a 24-hour notice (N.J. Stat. 2A: 39-1) for entry.
In addition, landlords can only enter apartments during normal business hours. While the exact definition of normal business hours varies, it’s usually between 9 AM and 5 PM, Monday to Friday.
3. Collect Security Deposit
Landlords are prohibited from asking for a security deposit exceeding 1-½ month’s rent, according to N.J. Stat. § 46:8-21.2. Plus, any amount collected annually as additional security shall not be greater than 10% of the current security deposit.
4. Charge an Application Fee
Landlords can charge a separate fee, called an application fee, to cover the expenses incurred in processing a tenant’s rental application. Before charging an application fee, the landlord has to tell the applicant in writing:
- If they look at the applicant’s criminal history, and
- The applicant can show proof if their criminal record has mistakes or share details about rehabilitation or other factors that might help their case.
N.J. Stat. § 46:8-55 mandates the above conditions for every applicant looking for a rental in NJ.
5. Charge a Fee for Bounced Checks
Landlords are free to charge a fee for bounced checks per the terms mentioned in the rental agreement. N.J. Stat § 40:5-18 (revised in 2024) caps this fee at $20 per check—to compensate the landlord for both bank charges incurred and time dealing with it.
6. Withhold the Security Amount
Landlords can withhold a portion of the security deposit amount in the following cases:
- Unpaid rent
- Unpaid utility charges
- Damage beyond normal wear and tear
- Breach of lease terms
Irrespective of the case, landlords must provide the tenant with an itemized list of the deductions made, plus any remaining amount from the deposit within 30 days of the lease’s end, or face penalties.
7. Send Eviction Notice to the Tenant
Landlords in NJ can serve eviction notices to the tenant for multiple reasons, ranging from non-payment of rent to violation of lease terms. The following are the most common and “justified” grounds for evicting a tenant:
- Late rent payments
- Lease agreement violations
- Participation in illegal activities
- Disorderly conduct
- Causing severe damage to the property
8. Charge Pet Deposit, Pet Fees, and/or Pet Rent
Homeowners have the flexibility to charge pet rent, deposits, and/or fees per the requirements due to no statutory guidelines regulating these amounts. This means that, unlike some states with specific caps or rules, New Jersey landlords can self determine these charges to offset potential damages caused by pets and to ensure the well-being of the property, addressing issues such as scratches, stains, or other pet-related wear that goes beyond normal tenant use.
Typically, a pet fee is a one-time, non-refundable payment averaging between $250 and $500 per pet, intended to cover the general privilege of having a pet on the premises. Additionally, some landlords charge pet rent, a recurring monthly fee that can range from $10 to $60 or be calculated as 1% to 2% of the unit’s rent. A pet deposit, which is refundable, usually falls between $100 and $600 and can be applied to specific pet-related damages—such as flea infestations, broken appliances, or holes—but not to normal wear and tear.
For the tenants, it’s important to note that while statewide laws don’t limit these charges, it’s wise to check local municipal ordinances, as some towns or cities might impose their own restrictions or requirements.
What Rights Do Tenants Have in New Jersey?
Tenants in NJ enjoy specific rights under state law to ensure fair treatment and safe living conditions. These protections cover a wide range of areas, from security deposits, habitability, retaliation, discrimination, and more.
Here’s a concise overview of key tenant rights in the Garden State.
1. Request Necessary Repairs
Under the Warranty of Habitability, tenants can request necessary repairs as and when required, such as faulty air conditioning, leaking faucets, deadbolt locks and window guards installation, defective smoke detectors, and non-functional electrical appliances, to name a few.
2. Repair and Deduct
If the landlord fails to perform necessary repairs on time, tenants, after reasonable notice of not more than 30 days, can proceed to make the repairs themselves and deduct the expenses from the following month’s rent. They must keep records of the repairs, including appropriate receipts and invoices, to support their claim for deduction from rent.
3. Protection Against Retaliation
N.J. Stat. § 2A:42-10.10 and N.J. Stat. § 2A:42-10.12 grants protection to tenants against landlord’s retaliation for securing or enforcing any rights under the lease or contract, including:
- Requesting necessary repairs
- Withholding rent for valid reasons
- Reporting a violation of any health or safety law, regulation, code, or ordinance
- Organizing or becoming a member of any lawful organization(s)
- Not complying with the terms of the tenancy as altered by the landlord
4. Right to a Habitable Residence
Tenants in NJ have the right to a habitable living environment that meets the basic safety and health requirements, primarily adequate waterproofing, plumbing, and electrical systems.
5. Protection Against Unlawful Evictions
Landlords can’t resort to self-help measures to evict a tenant. Common examples of such measures, according to N.J. Stat. § 2A:18-61.6(d), include:
- Forceful removal of the tenant from the property
- Blocking the tenant’s access to the utilities
- Interrupting essential services to get the tenant to move out
6. No Discrimination
The Fair Housing Act discourages discrimination against lessees based on race or color, religion, sex, national origin, domestic abuse victim status, income source, familial status, or disability.
What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in New Jersey?
Legal Termination Procedure in New Jersey
Terminating a lease in New Jersey involves navigating a specific legal procedure to ensure compliance with state laws and protect the rights of both tenants and landlords. Understanding these requirements is essential for a smooth and lawful process, whether the tenant is ending a tenancy early or at the conclusion of the lease term.
Below, we outline the key aspects of legal termination procedure in New Jersey, covering notice requirements, justified and unjustified reasons for breaking a lease, notice delivery methods, and the potential consequences of early termination.
1. Notice Requirements
Tenants eager to break the lease early must comply with the legal notice requirements, as given below:
- Weekly Leases: 7 days advance notice
- Month-to-Month Leases: 30 days advance notice
- Yearly Leases: 3 months advance notice
- Fixed-Term Leases: No notice is required
2. Justified Reasons to Break a Lease
- Active military duty
- Privacy violations or harassment by the landlord
- Security concerns or sexual assault
- Uninhabitable rental
- Severe health issue or qualified disability
- Illegal or unenforceable lease contract
- Lease term violations
- Mandatory disclosures not disclosed per the regulations
3. Unjustified Reasons to Break a Lease
- Buying a new house
- Criminal activity(s) in the neighborhood
- Relocating to a new location for a new school or job
- Willingness to sublease
- Shifting to another location to be closer to a friend or family member
- Divorce or separation from the partner
4. Notice Delivery
The lease termination notice can be delivered either by handing it directly to the landlord in person or mailing them on the registered/certified mail. It’s up to the landlord to decide which communication method they prefer out of the two.
5. Consequences of Breaking a Lease Early
- Continue paying the rent until the unit is rented again
- Security deposit forfeiture clear pending rent payments
- Pay for re-renting expenses, such as costs of advertising the unit and preparing it for a new tenant
- Negative influence on the credit report
- Legal action by the landlord
- Risk of losing out on future references from the existing landlord
Eviction Process in New Jersey
The eviction process in New Jersey is a legal way for landlords to remove tenants who break their lease rules or don’t pay rent. It follows simple steps set by state law to make sure everything is fair for both sides.
Here’s a quick look at how it works and what to expect.
1. Serve a Notice to Cease
In New Jersey, landlords managing multifamily properties with more than three units must issue a Notice to Cease (N.J. Stat. § 2A:18-61.1) when a tenant fails to pay rent, engages in disorderly conduct, or breaches lease terms. This formal warning highlights the violation and cautions that repeated offenses may trigger eviction proceedings, though it’s not an eviction notice itself.
The landlord has the authority to decide a reasonable timeframe for the tenant to comply, as state law offers no fixed duration.
2. Serve a Formal Eviction Notice
If the tenant doesn’t fix the issue within the given time, the landlord can proceed with a Notice to Quit. They can choose from four types of notices based on the situation:
- Rent Demand Notice (N.J. Stat. § 2A:18-61.2, N.J. Stat. § 2A:18-55)
- Habitual Late Rent Notice (N.J. Stat. § 2A:18-61.2)
- Lease Violation Notice (N.J. Stat. § 2A:18-61.2)
- Unconditional Notice to Quit (N.J. Stat. § 2A:18-61.2)
Irrespective of the notice type, it must be delivered directly to the tenant or a family member over 14 at the property. If no one’s there, the landlord can stick it somewhere obvious, like the front door (N.J. Stat. § 2A:18-54).
3. Files an Eviction Lawsuit With the Court
The landlord can take the next step by filing an eviction case in the New Jersey Superior Court’s Special Civil Part, provided the notice period is expired.
If the landlord is into a business—like an LLC or corporation—New Jersey law says they need a lawyer to handle the case. But if the landlord is a solo owner or in a simple partnership, they can file the paperwork and show up in court on their own.
Either way, they’ve got to follow all the court’s rules (njcourts.gov), which includes filling out and submitting three key forms for the complaint.
- Verified Complaint (download it from here)
- Tenancy Summons and Return of Service (download it from here)
- Landlord Case Information Statement (download it from here)
4. Court Serves the Tenant a Summons
Once the landlord fills out the Tenancy Summons and Return of Service form, it’s time to notify the tenant about a court date. This summons tells the tenant they need to appear in court and includes the hearing date and time—set between 10 and 30 days after it’s issued (N.J. Court Rule 6:2-1).
The tenant can get the summons in one of two ways:
- Special Civil Part Officer: Costs $7 if mailed, or $10 for hand-delivery ($7 service fee + $3 service fee). Add $12 for each extra tenant served in person.
- Sheriff or Other Officer: Runs $22 plus mileage fees. For additional tenants, it’s $20 more per person, but married couples count as one tenant under NJ law (N.J. Stat. § 22A:4-8).
It’s recommended to visit njcourts.gov for more details!
5. Tenant Completes a Tenant Case Information Statement (TCIS)
Tenants facing eviction don’t get to send a written reply to the landlord’s claims; they must show up in court. Before that happens, tenants need to fill out a Tenant Case Information Statement (TCIS), which is available here.
This simple form asks for key details about the tenant’s side of the story and the dispute. It’s got to be finished and sent to the court at least five days before the case management conference.
6. Landlord and Tenant Attend the Case Management Conference
The court sets up a must-attend case management conference (N.J. Court Rules 4:5B), usually held online. It’s not a big trial—just one last opportunity for the landlord and tenant to sort things out and maybe avoid court altogether. Tenants can also learn about help like rent or legal aid to strike a deal with the landlord.
7. Landlord and Tenant Attend Court Hearings and Receive Judgment.
If no deal is made at the conference, the eviction goes to trial.
The landlord brings the lease, eviction notice with delivery proof, complaint, and evidence of the tenant’s violation.
They can settle at trial, but if not, both present their cases to the judge, who decides. If the landlord wins, they get a judgment for possession and can request a Request for Residential Warrant of Removal (available here) to remove the tenant, issued three days later (N.J. Stat. § 2A:18-57).
8. Tenant Gets 3 Days to Move Out
In case if the renter refuses to vacate, the landlord can get a civil officer to deliver a Warrant of Removal (available here). Once served, the tenant gets three business days to leave.
9. Forceful Removal of the Tenant
If the tenant doesn’t leave or settle the full amount owed in order to stay back in the property, the civil officer will enforce the warrant and make the tenant leave the property by force (N.J. Stat. § 2A:18-58).
Dispute Resolution Options in New Jersey
When disputes arise between landlords and tenants in New Jersey, which is very common, there are several practical options to resolve them without letting tensions escalate. These methods range from informal discussions to legal processes, offering flexibility depending on the situation.
Here are the top approaches to consider.
1. Negotiation
This is often the simplest starting point. Period. This involves the landlord and tenant sitting down to talk things out directly. For example, if the issue is about late rent or a repair that’s been delayed, both sides can explain their perspectives and try to reach a compromise.
It’s low-cost, doesn’t involve outsiders, and keeps things short if both are willing to listen. The key is clear communication—maybe the tenant agrees to pay a bit extra over time, or the landlord commits to fixing that leaky faucet by next week.
Tip: Negotiation works best when the disagreement is small and both parties trust each other.
2. Mediation
If negotiation fails, mediation is the next step.
Here, a neutral third party—a mediator—helps guide the conversation. In New Jersey, community mediation programs or private mediators are available, often at a low cost.
The mediator doesn’t decide who’s right or wrong but helps the landlord and tenant find a solution they can both live with. Say there’s a dispute over a security deposit; the mediator might suggest splitting the difference based on evidence like photos or receipts.
It’s less formal than court and keeps control in the hands of the disputing parties.
3. Arbitration
Arbitration is another option, though less common in these situations. Unlike mediation, an arbitrator listens to both sides and makes a binding decision. In New Jersey, this might come up if a lease agreement specifically requires it. For instance, if there’s a disagreement about property damage costs, the arbitrator reviews the facts and rules on who pays what.
It’s faster than court, but either group loses some control since the decision is final. Both sides need to agree to this upfront, so it’s not always practical.
4. Small Claims Court
Such a court is a popular choice for disputes involving money, like unpaid rent or withheld deposits.
In New Jersey, either party can sue for up to $5,000 in small claims (or $20,000 in Special Civil Part), and the process is designed to be user-friendly.
They file a complaint, pay a small fee (around $25-$75), and show up with evidence—think lease copies, payment records, or photos. A judge decides after a short hearing. It’s affordable and quick, usually wrapping up in a month or two. Exceptions exist!
5. Government Agencies
If none of the above-mentioned approaches yield a solution, government agencies may have to step in. New Jersey Division of Consumer Affairs or local housing authorities handle complaints about illegal practices, like unfair rent hikes or unsafe living conditions. If a landlord ignores housing codes, a tenant can report it, and the agency might investigate or fine them.
It’s free to file a complaint, but resolution can take time, and it’s more about enforcement than settling a personal dispute.
To conclude, each option has its place—the best choice depends on the issue, the relationship, and how much time or money each side can spend.
What Are Landlords’ and Tenants’ Responsibilities in New Jersey?
Landlord Responsibilities in New Jersey
Landlords have a special job to keep tenants’ homes safe and comfortable. Based on the New Jersey Landlord-Tenant Act, they must follow clear rules.
Let’s take a quick look at what landlords need to do.
1. Security Deposit Return
N.J. Stat. § 46:8-21.1 states that landlords shall return the security deposit, plus the interest earned on it, less any deductions for severe damages or unpaid rent, within 30 days after the expiry of the tenant’s lease or agreement. If the tenant vacates the premises due to fire, flood, condemnation, or evacuation, the deposit must be refunded within 5 business days.
If the tenancy ends because of domestic violence, the deposit must be back with the tenant in more than 15 business days.
2. Disclose Mandatory Disclosures
Landlords are obligated to disclose certain information before signing or renewing a lease in accordance with the NJ rental laws, which includes:
- Whether the 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 are exempted, courtesy N.J. Stat. § 46:8-50.
- Landlords must inform tenants at the beginning of a tenancy that the local clerk keeps a list of residents needing special help during emergencies, and explain how tenants can join that list for safety reasons, courtesy N.J. Stat. § 46:8-29.1.
- Landlords of buildings with more than two units (or three if not owner-occupied) must give new tenants a document from the New Jersey Department of Community Affairs explaining their rights and responsibilities before or at move-in, courtesy N.J. Stat. § 46:8-44, N.J. Stat. § 46:8-45, N.J. Stat. § 46:8-46.
- In multi-family buildings, landlords must provide, install, and maintain approved child-protection window guards on the windows of the dwelling unit and on any windows in the public halls of the multiple dwelling, courtesy N.J. Admin. Code § 5:10-27.1.
- Owners of multi-family properties must share water quality reports or test results by posting them in each common area routinely used by the tenants, or transmit a copy of the Consumer Confidence Report to each dwelling unit, courtesy N.J. Stat. § 55:13A-7.18.
- Before charging an application fee, landlords must inform applicants in writing if they check criminal history and let them provide evidence to correct or explain their record, courtesy N.J. Stat. § 46:8-55.
3. Don’t Ask Applicants About Their Criminal Record
N.J. Stat. § 46:8-55 prohibits landlords from inquiring applicants about their criminal records before offering a conditional offer, with exceptions applying where:
- They’ve ever been convicted of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and
- They’re subject to a lifetime registration requirement under a state’s sex offender registration program.
4. Don’t Evaluate an Applicant Based on Certain Types of Criminal Records
Landlords are further barred from evaluating an applicant based on certain types of criminal records, per N.J. Stat. § 46:8-56, such as:
- Arrests or charges that haven’t resulted in a criminal conviction
- Expunged convictions
- Convictions erased through executive pardon
- Vacated and otherwise legally nullified convictions
- Juvenile adjudications of delinquency
- Records that have been sealed
5. Security Deposit Handling
In New Jersey, landlords managing 10 or more rentals can’t keep the security deposit amount with themselves. Instead, N.J. Stat. § 46:8-19 requires them to invest that money in shares of an insured money market fund established by an investment company and registered under the Investment Company Act of 1940. Alternatively, the landlord can also deposit that money in a local or federally chartered bank, savings bank, or savings and loan association that pays quarterly interest at a rate comparable to the money market fund.
Landlords with fewer than 10 units can keep the deposit amount in an interest-bearing account of a FDIC-insured financial institution based out of New Jersey.
6. Maintain Common Areas
It’s the duty of the landlords to maintain common areas regularly used by the tenants, including hallways, lobbies, basements, parking lots, stairways, and elevators, as well as terraces, gyms, and pools, if present.
Tenant Responsibilities in New Jersey
Tenants have several other responsibilities beyond just paying rent, and fulfilling them is crucial for a smooth rental experience and a good relationship with the landlord.
The following are the most common tenant responsibilities in New Jersey.
1. Pay Rent on Time
Tenants must pay rent on time, or hold a prior discussion with the landlord if they fear missing the due date for any unavoidable reason. This fosters a healthy landlord-tenant relationship, encouraging better understanding between the two sides.
2. Maintain the Property in its Original Condition
Tenants get the exclusive ownership of the rental unit after signing the lease. Hence, they must do their part in maintaining it in the condition it was received. This includes, but isn’t limited to, regular cleaning, promptly addressing minor wear and tear, and performing routine maintenance tasks to prevent issues from escalating.
3. Maintain Good Relationships With the Neighbors
Goes without saying, but landlords expect tenants to maintain good relationships with the neighbors. In accordance with New Jersey law, tenants are also responsible for refraining from disturbing the peaceful enjoyment of the premises by others.
4. Report Maintenance Issues Without Fail
Tenants must promptly report urgent maintenance issues, especially those that could affect the unit’s habitability, to the landlord for quick resolution.
5. Carry Out Small Repairs
Tenants are generally responsible for minor repairs and basic maintenance tasks that keep the rental unit in good condition. Some examples of small repairs tenants can carry out include:
- Changing light bulbs and replacing batteries in smoke detectors
- Unclogging drains with a plunger or drain cleaner
- Replacing air filters in HVAC systems
- Tightening loose screws on cabinet handles or door knobs
- Fixing minor leaks like a dripping faucet by tightening connections
- Patching small nail holes in walls after removing decorations, say, after a birthday celebration
- Cleaning electrical appliances after every use
For larger repairs or structural issues, the landlord is the right person to notify.
New Jersey Landlord-Tenant Rental Laws
New Jersey’s landlord-tenant laws are designed to protect both landlords and tenants, covering key areas like rent payments, security deposits, evictions, and property maintenance, to name a few. These regulations ensure fair rental practices and help prevent disputes.
Some of the important landlord-tenant rental laws in New Jersey include:
1. Rent Control Law
Unfortunately, New Jersey has no statewide rent control law. However, some cities and counties do regulate how much rent landlords can increase in a given calendar year, protecting tenants from excessive rent hikes and promoting affordable housing.
Good news for the tenants: there are rules about when and how a landlord can increase rent. For example, during a lease term, rent cannot be raised unless the lease specifically allows it. Also, landlords must give tenants at least 30 days’ notice before the new rent takes effect.
2. Fair Housing Law
The Fair Housing Act of 1968 and the Fair Housing Act Amendments Act of 1988 guarantee fair housing rights to every individual, irrespective of their:
- Race
- Color
- Religion
- National origin
- Familial status (includes families with children under the age of 18 and pregnant women)
- Age
- Disability or handicap
- Sex
- Source of income
- Immigration status
Tenants who face any kind of discrimination may file a complaint with the Department of Housing and Urban Development (HUD) or file their lawsuit in federal or state court. The Department of Justice brings suits on behalf of individuals based on referrals from HUD.
3. Tenant Screening Law
In New Jersey, landlords can screen tenants using credit, criminal, and rental history reports to decide if they’re a good fit. There’s no limit on application fees, but landlords must tell applicants in writing if they’ll check criminal records and allow them to explain any issues, like inaccuracies or rehabilitation.
Since 2021, background checks can only happen after a conditional offer, and only certain recent crimes (e.g., serious ones within 6 years) can be considered. This balances landlord rights with tenant fairness.
4. Grace Period Law
New Jersey’s grace period law gives some senior citizen tenants extra time to pay rent before it’s considered late. Seniors on Social Security or certain disability benefits, and those on Work First NJ, get a 5-business-day grace period (weekends and holidays don’t count). This only applies if the lease doesn’t say otherwise.
For other tenants, there’s no automatic grace period unless the lease includes one. Late fees can’t be excessive and must be clear in the rental agreement.
5. Flood Risk Notification Law
According to the Department of Environmental Protection (DEP):
“By 2050, it is likely that sea-level rise will meet or exceed 2.1 feet above 2000 levels, putting over 40,000 New Jersey properties at risk of permanent coastal flooding. In addition, precipitation intensity in New Jersey is increasing at levels significantly above historic trends, placing inland properties at greater risk of flash flooding. These and other coastal and inland flood risks are expected to increase within the life of a typical mortgage originated in or after 2020.”
Keeping in mind such increasing risks due to flooding, the New Jersey flood risk notification law was enacted on July 3, 2023.
Beginning March 20, 2024, landlords in New Jersey must inform tenants if the rental property is in a flood zone before they sign a lease. This helps renters know about potential risks like flooding that could affect their safety or belongings in the future. The landlord has to give this notice in writing as part of the rental process.
It’s a simple rule to make sure tenants aren’t caught off guard by flood dangers, especially in areas prone to water damage.
Note: Read the full text of the flood risk notification law here.
6. Rental Agreement Law
In New Jersey, rental agreements can be written or verbal, but written ones are better since they clearly list rules, rent, and responsibilities for both landlord and tenant. Landlords must give tenants a “Truth in Renting” guide explaining their rights.
They also need to register the property and share details like where security deposits are kept. This law ensures that everyone understands the deal, reducing confusion or disputes during the tenancy.
Check out the rent laws in:
- How Much Can You Raise Rent in California?
- How Much Can You Raise Rent in New Jersey?
- How Much Can You Raise Rent in Florida?
- How Much Can You Raise Rent in NYC?
- How Much Can You Raise Rent in Oregon?
- How Much Can You Raise Rent in Los Angeles?
- How Much Can You Raise Rent in San Diego?
- How Much Can You Raise Rent in Pennsylvania?
- How Much Can You Raise Rent in Massachusetts?
7. Eviction Law
New Jersey eviction law says landlords can only remove tenants for specific reasons, like not paying rent, breaking lease rules, or causing damage. They must give proper notice—like 3 days for illegal activity or 30 days for late rent habits—before filing in court. Self-help evictions (e.g., changing locks) are illegal; only a court order can force a tenant out.
Tenants can also fight back if the landlord skips steps or acts unfairly, ensuring a fair process.
Further reading:
How RentPost Helps Landlords in Property Management With Tenants?
RentPost is an easy-to-use tool that helps landlords take care of their rental homes or apartments. Instead of doing everything by hand or using lots of different apps, landlords can do it all in one place with RentPost.
With RentPost, landlords can:
- Collect rent online – Tenants can pay with a card or bank account.
- Track repairs – Tenants can ask for repairs, and landlords can assign the job to someone.
- Check tenants – RentPost helps landlords learn more about people before they move in.
- Keep records – It makes reports about money, rent, and more.
- Invite others – Landlords can work with managers, tenants, and repair people all through RentPost.
It’s also super flexible. Whether you’re renting a house, an apartment, or even a mobile home, RentPost can help.
Check out: Property Management Software for Short-Term Rentals
Frequently Asked Questions (FAQs)
What tenant rights apply in New Jersey when the landlord sells the house?
In New Jersey, tenants can’t be evicted just because the landlord sells the property. If the building has 3 or fewer units and the buyer wants to live there, tenants get 2 months’ notice to vacate, but only after the lease ends. Tenants with valid leases keep their rights until the lease expires.
What are the notice-to-vacate requirements under New Jersey landlord-tenant law?
New Jersey law requires landlords to give tenants adequate notice before eviction: no notice for non-payment, 3 days for disorderly conduct or illegal acts, and 1 month for lease violations or habitual late rent. For month-to-month leases, 1 month’s notice is needed to end the tenancy.
What does New Jersey landlord-tenant law stipulate regarding security deposits?
Landlords must place security deposits (max 1.5 months’ rent) in an interest-bearing account and notify tenants within 30 days. Deposits must be returned within 30 days after the lease ends in normal cases, with interest, minus valid deductions for damages or unpaid rent.
How does New Jersey landlord-tenant law address water bill responsibilities?
New Jersey law doesn’t specifically assign water bill duties. It’s determined by the lease agreement. In most scenarios, landlords typically cover it unless the lease states tenants are responsible. That’s why tenants should check their lease for clarity.
Does New Jersey landlord-tenant law apply to commercial leases?
New Jersey’s main landlord-tenant laws focus on residential properties. Commercial leases fall under different rules (N.J. Stat. § 2A:18-53), offering fewer tenant protections and more flexibility for contract terms.
Is New Jersey a landlord-friendly state?
No, New Jersey is tenant-friendly. Strict eviction rules, rent control in many cities despite no statewide restrictions, and strong tenant protections (like security deposit laws) make it tougher for landlords compared to other states.
Does New Jersey have rent control?
New Jersey doesn’t have statewide rent control, but over 100 municipalities, like Newark and Jersey City, have local ordinances limiting rent increases, often tied to inflation or a set percentage.
Can landlords raise rent in New Jersey? If so, how much?
Yes, landlords can raise rent after a lease ends with proper notice (usually 30 days). In non-rent-controlled areas, there’s no limit, but increases must be reasonable. Rent-controlled cities cap it, often around 2-5%.