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Updated on October 1, 2026 
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New Jersey rentals are governed by state statutes and court decisions, and some issues also depend on local ordinances. Rules can therefore vary by property and municipality. This guide covers application fees, security deposits, habitability, rent changes, disclosures, and eviction procedures for landlords and tenants in New Jersey.
A statewide $50 cap on many rental-application fees took effect May 1, 2026, subject to statutory exceptions and an annual adjustment mechanism. Local rent-control ordinances may add requirements, so check the rules in the municipality where the rental is located.
This guide offers general information, not legal advice tailored to an individual situation.
Reviewed and updated on October 1, 2026, to reflect the laws and rules in effect as of that date.
Table of Contents
TL;DR: New Jersey Landlord-Tenant Rights (2026)
- For covered rentals, a landlord or agent generally may not charge more than $50 in application or similar fees; exceptions include one- and two-family dwellings offered for rent, and the cap is subject to CPI adjustment.
- For rentals covered by the Security Deposit Law, the deposit generally cannot exceed 1.5 months’ rent and annual additional security cannot exceed 10% of the current deposit; the ordinary return deadline is 30 days, subject to coverage and exceptions.
- New Jersey has no general statewide rent-increase limit; municipal ordinances may regulate increases and may not cover every unit, so check the municipality and lease.
- A residential eviction generally requires a court judgment and warrant; a Special Civil Part Officer—not the landlord—executes removal.
- Habitability remedies are not a blanket 30-day repair clock; DCA describes notice and adequate time to repair, with remedies depending on the condition and facts.
- Covered landlords must provide flood-risk information before signing or renewing a lease, subject to statutory exclusions.
What are Landlords’ and Tenants’ Rights in New Jersey?
What Rights Do Landlords Have in New Jersey?
New Jersey law gives landlords rights to protect their property and manage rentals, alongside duties they owe tenants.
Here are several key rights landlords have in New Jersey.
1. Collect Rent
Landlords may collect rent on the date stated in the agreement, often the first of the month. They may also charge applicable late fees when rent is paid late.
Landlords may not charge late fees to senior citizens who receive Social Security Old Age Pensions, Railroad Retirement Pensions, or other government pensions in place of Social Security, while their entitled five business days grace period applies. These protections are set out in sections 2A:42-6.1 and 2A:42-6.3.
2. Right of Entry
For inspections and maintenance covered by multiple-dwelling rules, landlords normally must give one day’s reasonable notice. Emergency entry is treated separately. For other purposes, such as showing the unit, access should follow the lease.
Statewide rules do not establish a universal 24-hour deadline or a fixed window of 9 a.m. to 5 p.m.
3. Collect Security Deposit
For tenancies covered by New Jersey’s Security Deposit Law, the initial deposit generally cannot exceed 1.5 months’ rent, and annual additional security cannot exceed 10% of the current deposit. Coverage has exceptions, including owner-occupied premises with no more than two rental units unless the tenant opts in. The ordinary return deadline is 30 days after termination, with shorter deadlines in specified circumstances.
4. Charge an Application Fee
Effective May 1, 2026, the initial cap for covered rental-application or similar fees is $50. Statutory exceptions apply to one- or two-family dwellings offered for rent and certain New Jersey real-estate licensees, unless the licensee is the landlord. A CPI-based adjustment may change the cap in a later calendar year, and landlords cannot evade the limit by charging multiple differently named fees for one application.
5. Scope of Application Fees
The $50 cap enacted in 2026 applies to covered application or similar fees. It is not a general rent-increase limit or a price limit unrelated to applications.
6. Withhold the Security Amount
Landlords may deduct part of a security deposit for these reasons:
- Unpaid rent
- Unpaid utility charges
- Damage beyond normal wear and tear
- Breach of lease terms
Whatever the reason, landlords must provide an itemized list of deductions and return any remaining deposit within 30 days after the lease ends. Failure to do so may result in penalties.
7. Send Eviction Notice to the Tenant
These are among the most common grounds described as “justified” for evicting a tenant:
- Late rent payments
- Lease agreement violations
- Participation in illegal activities
- Disorderly conduct
- Causing severe damage to the property
8. Housing Advertising and Animal Policies
New Jersey’s housing-advertising rule covers print, electronic, and oral ads, including ads facilitated by automated decision-making tools. Examples include excluding voucher holders or children, or offering different prices or terms because of a protected characteristic. The rule implements existing anti-discrimination law under N.J.A.C. 13:9 and 58 N.J.R. 858(a).
What Rights Do Tenants Have in New Jersey?
New Jersey law gives tenants protections intended to support fair treatment and safe living conditions. They include safeguards involving security deposits, habitability, retaliation, and discrimination.
Here are some key tenant protections in New Jersey.
1. Request Necessary Repairs
Under the Warranty of Habitability, tenants may request needed repairs, such as fixing faulty air conditioning or leaking faucets; installing deadbolt locks and window guards; and addressing defective smoke detectors or electrical appliances that do not work.
2. Repair Remedies
When a vital facility is defective, the tenant must notify the landlord and allow adequate time for repairs; available remedies depend on the condition and facts. Keep repair requests in writing. Property teams can organize maintenance requests and work orders.
3. Protection Against Retaliation
Sections 2A:42-10.10 and 2A:42-10.12 protect tenants from retaliation for enforcing any rights under a 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
New Jersey law and DCA guidance require landlords to maintain conditions needed for a habitable home. For a vital-facility defect, DCA describes giving notice and allowing an adequate opportunity to repair. The remedy depends on the facts, not on a universal 30-day deadline.
5. Protection Against Unlawful Evictions
Landlords may not use self-help measures to evict a tenant. Common examples listed in section 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 tenants on the basis of 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
Ending a lease in New Jersey requires a legal process intended to protect both tenants and landlords. These requirements apply whether a tenant ends the tenancy early or when the lease term ends.
The process includes notice requirements; reasons for breaking a lease, whether justified or unjustified; ways to deliver notice; and possible consequences of ending a lease early.
1. Notice Requirements
Notice requirements turn on the tenancy type, lease terms, reason for ending it, and any statutory protections. A month-to-month tenant generally gives written notice at least one full month before moving, while a written lease is governed by its terms, subject to applicable law and statutory early-termination grounds. There is no single 7-, 30-, or 90-day rule for every tenancy.
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
A tenant may deliver a lease-termination notice to the landlord in person or send it by registered or certified mail. The landlord chooses which of these two communication methods they prefer.
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
New Jersey’s eviction process sets out the legal steps a landlord uses to remove tenants who breach lease terms or do not pay rent. State law describes procedures for both sides.
Here’s what to expect at each stage.
1. Serve a Notice to Cease
Landlords managing multifamily properties with more than three units must issue a Notice to Cease when a tenant fails to pay rent, engages in disorderly conduct, or breaches the lease. The warning identifies the violation and cautions that repeated offenses may lead to eviction proceedings; it is not itself an eviction notice.
State law does not set a fixed period for the tenant to comply, so the landlord decides what timeframe is reasonable.
2. Serve a Formal Eviction Notice
If the tenant does not correct the issue within the allotted time, the landlord may move forward with a Notice to Quit. Depending on the situation, the landlord can choose from four notice types:
- Rent Demand Notice
- Habitual Late Rent Notice
- Lease Violation Notice
- Unconditional Notice to Quit
Whatever the notice type, it must be delivered directly to the tenant or to a family member over 14 at the property. If nobody is there, the landlord may post it somewhere visible, such as the front door.
3. Files an Eviction Lawsuit With the Court
Before physically removing a tenant, a landlord must obtain a judgment for possession and a warrant of removal. A Special Civil Part Officer executes the warrant; landlords cannot evict by themselves. A residential tenant must have at least three business days after warrant service before removal.
4. Court Serves the Tenant a Summons
Once the landlord completes the Tenancy Summons and Return of Service form, the tenant must be notified of the court date. The summons orders the tenant to appear and gives the hearing date and time, set between 10 and 30 days after it is issued.
The summons may be served on the tenant 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.
For details, visit njcourts.gov.
5. Tenant Completes a Tenant Case Information Statement (TCIS)
Tenants facing eviction must appear in court rather than send a written response to the landlord’s claims. Beforehand, they must complete a Tenant Case Information Statement (TCIS), available here.
The form asks for important details about the tenant’s position and the dispute. It must be completed 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 schedules a required case management conference, usually online. It is not a full trial; it gives the landlord and tenant another chance to resolve the dispute and possibly avoid court. Tenants can also learn about assistance, such as rent or legal aid, that may help them reach an agreement with the landlord.
7. Landlord and Tenant Attend Court Hearings and Receive Judgment.
If the parties do not settle at the conference, the eviction case proceeds to trial.
The landlord brings the lease, the eviction notice and proof it was delivered, the complaint, and evidence of the tenant’s violation.
The parties may still settle at trial. Otherwise, each side presents its case to the judge, who decides the matter. If the landlord wins, the landlord receives a judgment for possession and may request a Request for Residential Warrant of Removal to remove the tenant; it is issued three days later.
8. Warrant and Officer-Executed Removal
After a judgment for possession, the court may issue a warrant of removal. A Special Civil Part Officer, not the landlord, executes it, and a residential tenant must receive at least three business days after warrant service before physical removal. This is separate from a Notice to Cease or notice to quit.
9. Forceful Removal of the Tenant
If the tenant neither leaves nor settles the full amount owed to remain in the property, the civil officer enforces the warrant and removes the tenant by force.
Dispute Resolution Options in New Jersey
Landlord-tenant disagreements are common, and practical options may help resolve them before tensions rise. Depending on the situation, those options range from informal conversations to legal processes.
Here are a few approaches to consider.
1. Negotiation
Negotiation is often the simplest place to start: the landlord and tenant talk directly. If the issue is late rent or a delayed repair, for example, each side can explain its perspective and try to reach a compromise.
Negotiation costs little, involves no outsiders, and can be quick when both sides are willing to listen. For example, the tenant might agree to pay a little extra over time, or the landlord might commit to fixing a leaky faucet by the following week.
Negotiation tends to work best when the disagreement is minor and both sides trust one another.
2. Mediation
If direct negotiation does not work, mediation is another option.
A neutral third party, or mediator, guides the conversation. New Jersey community mediation programs and private mediators are available, often for a low cost.
A mediator does not decide who is right or wrong; the mediator helps the landlord and tenant find a workable solution. In a security-deposit dispute, for example, the mediator might suggest splitting the difference based on evidence such as photos or receipts.
Mediation is less formal than court and leaves control with the people involved in the dispute.
3. Arbitration
Arbitration is another, less common route. Unlike a mediator, an arbitrator hears both sides and makes a binding decision; in New Jersey, this may happen if the lease specifically requires it. For example, in a dispute about property-damage costs, the arbitrator reviews the facts and decides who pays what.
Arbitration is faster than court, but both sides give up some control because the decision is final. Both must agree to arbitration in advance, so it may not be practical in every dispute.
4. Small Claims Court
Small claims court is a common way to resolve money disputes, such as unpaid rent or withheld deposits.
In New Jersey, either party may sue for up to $5,000 in small claims or $20,000 in Special Civil Part. The process is designed to be user-friendly.
A party files a complaint, pays a small fee (around $25-$75), and brings evidence such as lease copies, payment records, or photos. A judge decides the case after a short hearing. The process is affordable and quick, usually taking a month or two, though exceptions exist.
5. Government Agencies
If these options do not resolve the issue, government agencies may become involved. Consumer Affairs or local housing authorities handle complaints about illegal practices, such as unfair rent hikes or unsafe living conditions. If a landlord ignores housing codes, a tenant may report it, and the agency may investigate or issue a fine.
Filing a complaint is free, but resolving it can take time. These agencies focus more on enforcement than on settling an individual dispute.
Each option can be useful in the right situation. The best fit 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 must help keep tenants safe and comfortable. The Landlord-Tenant Act lays out rules landlords must follow.
Here are some landlord responsibilities to know.
1. Security Deposit Return
For rentals covered by the Security Deposit Law, the usual deadline to return the deposit is 30 days after lease termination; statutory exceptions set shorter deadlines in some situations. Coverage exclusions and opt-in rules also apply. The landlord must provide the required itemization and remaining balance.
2. Disclose Mandatory Disclosures
Covered landlords must share flood-risk information before a lease is signed or renewed, and a new tenant must receive the required written notice before signing. The law excludes certain properties and short-term rentals. It distinguishes between mapped FEMA flood-zone status and flood history known to the landlord; some mapped-zone disclosure duties depend on a state address-lookup-tool condition.
3. Don’t Ask Applicants About Their Criminal Record
Section 46:8-55 bars landlords from asking applicants about their criminal records before making a conditional offer, except when:
- 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
Section 46:8-56 also bars landlords from evaluating applicants based on certain criminal records, including:
- 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
For a covered deposit, landlords must follow the Security Deposit Law when holding and investing it, notifying the tenant, paying interest, and returning it. DCA generally describes a 1.5-month cap and a 10% limit on annual additional security, subject to coverage exceptions and separate return deadlines.
6. Maintain Common Areas
Landlords must maintain common areas tenants regularly use, such as hallways, lobbies, basements, parking lots, stairways, and elevators. This also includes terraces, gyms, and pools when present.
Tenant Responsibilities in New Jersey
Tenants have duties beyond paying rent. Meeting them can support a smooth rental experience and a positive relationship with the landlord.
Here are some common responsibilities for tenants in New Jersey.
1. Pay Rent on Time
Tenants must pay rent on time. If an unavoidable issue may prevent payment by the due date, they should discuss it with the landlord in advance. Doing so can help both sides understand the situation.
2. Maintain the Property in its Original Condition
After signing a lease, tenants have exclusive ownership of the rental unit and should help keep it in the condition they received it. This includes regular cleaning, promptly addressing minor wear and tear, and doing routine maintenance to help prevent problems from getting worse.
3. Maintain Good Relationships With the Neighbors
Landlords expect tenants to maintain good relationships with their neighbors. New Jersey law also requires tenants to avoid disturbing other people’s peaceful enjoyment of the premises.
4. Report Maintenance Issues Without Fail
Tenants must promptly report urgent maintenance problems to the landlord, especially any issue that could affect the unit’s habitability.
5. Repair Responsibilities
Repair duties depend on the lease and applicable habitability rules. Landlords must maintain habitable conditions; lease terms govern ordinary upkeep, subject to those statutory duties.
New Jersey Landlord-Tenant Rental Laws
New Jersey’s landlord-tenant laws protect landlords and tenants. They address rent payments, security deposits, evictions, and property maintenance, and aim to support fair rental practices and prevent disputes.
Key New Jersey landlord-tenant rental laws include:
1. Rent Control Law
New Jersey has no general statewide law setting rent-increase amounts. Municipalities may adopt rent-control ordinances, and coverage can vary by unit, so check the specific town and applicable lease. The FAIR Act, P.L. 2026, c. 43, was enacted July 20, 2026, but takes effect July 1, 2027; it addresses specified coordination involving rental-property owners, coordinators, and algorithmic devices, not all property-management software.
2. Fair Housing Law
The New Jersey Law Against Discrimination protects renters from housing discrimination, including discrimination based on lawful source of rental income. Since January 20, 2026, state advertising rules expressly cover print, electronic, and oral housing ads, including ads facilitated by automated decision-making tools. The amendments implement existing anti-discrimination protections; they did not create all protected classes anew.
3. Tenant Screening Law
The application-fee cap and criminal-history screening rules are separate. For covered rentals, the initial application or similar-fee limit is $50, subject to listed exceptions and annual CPI adjustment; the Attorney General says multiple differently named fees for one application cannot evade the cap. Landlords screening applicants must also follow applicable fair-housing and consumer-protection requirements.
4. Grace Period Law
New Jersey’s grace-period law gives some senior citizen tenants extra time to pay rent before it is considered late. Seniors receiving Social Security or certain disability benefits, and those on Work First NJ, get a five-business-day grace period; weekends and holidays do not count. This applies only if the lease does not say otherwise.
Other tenants do not receive an automatic grace period unless the lease provides one. Late fees cannot be excessive and must be clearly stated in the rental agreement.
5. Flood Risk Notification Law
Before signing or renewing a covered residential lease, landlords must provide the prescribed flood-risk information; new tenants must receive written notice before signing. The law excludes specified properties and short seasonal rentals. It distinguishes mapped FEMA flood-zone status from flood history known to the landlord, and conditions certain broader mapped-zone disclosures on the State’s address lookup tool.
6. Rental Agreement Law
New Jersey allows written or oral rental arrangements, but a written lease records the parties’ obligations and the term. A month-to-month tenant generally gives at least one full month’s written notice before moving; written leases are governed by their terms, subject to law and statutory early-termination protections. For more on agreement covers, see this guide; follow New Jersey law and local ordinances.
7. Eviction Law
A landlord cannot remove a residential tenant by changing the locks or cutting utilities. The landlord must obtain a judgment for possession and a warrant, which a Special Civil Part Officer executes; a residential tenant must receive at least three business days after warrant service to move. Notice periods vary by ground and tenancy.
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FAQs
1. Can a landlord enter a rental рroрerty without notiсe in New Jersey?
For inspections and maintenance under multiple-dwelling rules, DCA says reasonable notice is normally one day. Emergency access may be immediate, and other access, such as showing a unit, should be addressed in the lease. There is no universal 24-hour or fixed business-hours rule.
2. How long does a landlord have to return a seсurity deрosit in New Jersey?
For rentals covered by the Security Deposit Law, the ordinary return deadline is 30 days after lease termination, with shorter deadlines in specified situations. Coverage exceptions apply, including certain owner-occupied properties unless the tenant opts in.
3. What reрairs is a landlord legally required to make in New Jersey?
New Jersey DCA describes habitability remedies for vital-facility defects after notice and an adequate time to repair. The remedy and reasonable repair time depend on the condition and circumstances; a 30-day deadline does not apply in every case.
4. Can a landlord in New Jersey refuse to rent to someone with a сriminal reсord?
New Jersey law places strict limits on how and when landlords can consider criminal history. Under N.J. Stat. sections 46:8-55 and 46:8-56, landlords cannot ask about criminal records before making a conditional rental offer. They also cannot deny tenancy based on arrests without conviction, expunged records, juvenile adjudications, pardoned convictions, or sealed records; only certain recent, serious convictions within the past 6 years may be considered.
5. What haррens if a landlord illegally eviсts a tenant in New Jersey?
A landlord must use the court process and cannot personally carry out a residential removal. After judgment, a Special Civil Part Officer executes the warrant of removal; a residential tenant must receive at least three business days after warrant service before removal.
Data Sources
- https://pub.njleg.gov/Bills/2024/PL25/405_.PDF
- https://www.nj.gov/dca/codes/publications/pdf_lti/rnt_incrse_bultin.pdf
- https://www.njoag.gov/wp-content/uploads/2026/04/2026-0413_Formatted-Guidance-for-Housing-Providers-on-Rental-Application-Fees.pdf
- https://www.nj.gov/dca/codes/publications/pdf_lti/secty_deposit_bultin.pdf
- https://www.njcourts.gov/self-help/landlord-tenant
- https://www.nj.gov/dca/codes/publications/pdf_lti/habitablity.pdf
- https://pub.njleg.gov/Bills/2022/PL23/93_.PDF
- https://www.nj.gov/treasury/pensions/
- https://www.nj.gov/dca/codes/publications/pdf_lti/right_of_entry.pdf
- https://www.njoag.gov/wp-content/uploads/2026/01/N.J.A.C.-13_9-Advertising-Relating-to-Housing.pdf
- https://www.njoag.gov/wp-content/uploads/2026/01/58-N.J.R.-858a.pdf
- https://pub.njleg.gov/Bills/2024/A5500/5026_I1.HTM
- https://www.justice.gov/crt/fair-housing-act-1
- https://www.nj.gov/dca/codes/publications/pdf_lti/lease.pdf
- https://www.njcourts.gov/faq/what-happens-if-landlord-obtains-a-judgment-possession
- http://njcourts.gov
- https://www.njcourts.gov/sites/default/files/forms/12778_tcis.pdf
- https://www.njcourts.gov/sites/default/files/forms/12836_req_res_wor.pdf
- https://www.njconsumeraffairs.gov/
- https://www.nj.gov/dca/divisions/codes/offices/landlord_tenant_information.html
- https://pub.njleg.state.nj.us/Bills/2022/PL23/93_.PDF
- https://nj.gov/dca/codes/offices/pdf/Flood_Risk_Notice.pdf
- https://pub.njleg.gov/Bills/2026/AL26/43_.HTM
- https://www.nj.gov/dca/home/laws.shtml
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