Under New Jersey law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have rights and responsibilities under New Jersey law, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In New Jersey, landlords can’t legally rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to the habitability requirements of New Jersey:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating (Oct. 1- May 15) | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | Only Containers | Only If Provided |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In New Jersey, landlords must make repairs within an “adequate” time after getting written notice from tenants via certified mail, return receipt requested. If repairs aren’t made in a timely manner, New Jersey tenants can sue for costs, or a court order to force the landlord to make repairs. They can also make repairs and deduct from the rent. Read more
Landlords in New Jersey are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
It’s illegal for New Jersey landlords to retaliate with attempted eviction or substantially changed rental terms against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant on a periodic lease wants to break that lease, they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 1 Month |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 Months |
Early Termination: New Jersey tenants may legally break a lease early for the following reasons:
If a New Jersey tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
New Jersey does not have statewide rent control, but state law allows local governments to create their own rent control laws. Over 100 cities in New Jersey have established rent control laws.
In cities without rent control, landlords can raise the rent by any reasonable amount, as often as they choose, but they cannot increase the rent during the lease term. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give at least 30 days’ notice unless a local rent control ordinance requires a longer notice period.
Protected Groups: The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. New Jersey state law adds extra protections for tenants on the basis of ancestry, marital status, domestic abuse victim status, gender identity, sexual orientation, source of lawful income or rental payments, and HIV/AIDS status.
Discriminatory Acts and Penalties: The New Jersey Attorney General’s Division of Civil Rights handles most housing discrimination complaints. The following behaviors have been highlighted as potentially discriminatory when directed at a member of a protected class:
Tenants who feel that they have been the victim of housing discrimination may file a complaint with the Attorney General’s office. If the complaint is found to be justified, then the findings may serve as the basis for civil litigation.
In addition to having laws that address general issues like repairs and security deposits, most states, including New Jersey, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
New Jersey landlords have the right to enter rental property for inspections and maintenance purposes. They can also enter to show the property, but only if they explicitly reserve this right in the lease. The minimum advance notice before a landlord entry is one day, unless there’s an emergency.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. New Jersey Small Claims Court is a division of Superior Court. The process takes approximately one to three months.
New Jersey landlords must provide these mandatory disclosures:
New Jersey law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change the locks as this is considered a form of illegal “self-help” eviction.
Many cities in New Jersey have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
Newark has a “Municipal Rent Control Ordinance” that caps the amount a landlord can raise rental prices after a certain date. This rate is determined by the Consumer Price Index (CPI). It can also limit how much the tenant is charged in fees. More information can be found here.
Jersey City has rent control that limits rent increases to once per year. Rent increases require government approval if they exceed 4% or the most recent rate of inflation, whichever is lower. Properties with 4 or fewer units and some other types of housing are exempt. More information is available here.
As used in this act:
a. “Landlord” means any person who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests.
d. “Electronic funds transfer” means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer’s account, including, but not limited to, through the use of an automated clearinghouse (ACH) system.
No landlord shall require a tenant or prospective tenant to remit any amount due to the landlord pursuant to a residential lease, renewal, or extension agreement by means of electronic funds transfer, including but not limited to an electronic funds transfer system that automatically transfers funds on a regular, periodic, and recurring basis. A landlord who violates this section shall be subject to the penalty provisions of section 5 of P.L. 1975, c.310 (C.46:8-47).
The term “multiple dwelling” shall mean any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof, in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other. This definition shall also mean any group of ten or more buildings on a single parcel of land or on contiguous parcels under common ownership, in each of which two units of dwelling space are occupied or intended to be occupied by two persons or households living independently of each other, and any land appurtenant thereto, and any portion thereof…
a. The following information shall be posted in at least one conspicuous area, where the information is most likely to be viewed by tenants, of a tenant-occupied multiple dwelling and on the Internet website of any management company that manages a tenant-occupied multiple dwelling:
(1) emergency contact instructions, and the name, address, and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space, in accordance with the landlord registration requirements set forth in subsection f. of section 2 of P.L. 1974, c.50 (C.46:8-28); and (2) instructions on how to access and use the comprehensive social services information toll-free telephone hotline, established pursuant to section 1 of P.L. 1991, c.542 (C.30:1-1.1). b. The following information shall be contained in a printed notice, conspicuously set forth in prominent boldface type, in every lease offered to a tenant in a multiple dwelling:
(1) the Internet website address of the management company that manages the multiple dwelling; and (2) instructions on how to access and use the comprehensive social services information toll-free telephone hotline, established pursuant to section 1 of P.L. 1991, c.542 (C.30:1-1.1). c. The information provided to tenants in accordance with subsections a. and b. of this section shall be made available in English and Spanish.
a. Every landlord shall notify each of the landlord’s tenants prior to lease signing or renewal, whether a 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 shall be exempt from the requirements of this section. Each new tenant shall be provided the notices required pursuant to this section in writing and prior to the time that the lease of the rental unit is signed. If the lease is in writing, the notice required under this subsection may be included in the written lease or the written renewal lease, provided that, in the case of a residential lease, the notice is a separate rider, individually signed or otherwise acknowledged by the tenant, and written in not less than 12-point typeface.
c. Every residential lease shall also contain the following notice to tenants: “Flood insurance may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”
Can a Landlord Enter Without Permission in New Jersey? New Jersey landlords don't need permission to enter for purposes related to inspection, maintenance, and general safety of the rental property. However, they do need to provide at least one day of advance notice before entering, unless there's an emergency. Read more » Is New Jersey a “Landlord Friendly” State? New Jersey is a less landlord-friendly state. Several areas have rent control policies, and the law makes a broad range of remedies available to tenants who are experiencing housing issues. Read more » What Are a Tenant’s Rights in New Jersey? Tenants in New Jersey have the right to seek habitable housing without discrimination. If the landlord violates the law or the rental agreement, a tenant may consider legal action or following the procedure for certain "self help" remedies like repairing and deducting from the rent. Read more » Can a Tenant Change the Locks in New Jersey? New Jersey law doesn't regulate tenants changing their locks, so this is allowed unless the rental agreement says otherwise. The landlord still has rights of access, so it's always reasonable for tenants to provide copies of any new keys. Read more »
