New Jersey is considered a tenant-friendly state, with many laws and protections provided to tenants in the state's law code. This means landlords in New Jersey must be extra careful to avoid violating the state's landlord-tenant laws. Following these laws is not just about avoiding lawsuits or penalty fees. It also improves your relationship with tenants and helps you maintain long, successful tenancies. For this reason, this article will cover some of the most important landlord-tenant laws that property owners in New Jersey should know.
New Jersey's landlord tenant laws can be found in the New Jersey state law code or this handy guide to New Jersey landlord-tenant laws. However, note that these laws are always subject to change, and the summary provided here is not exhaustive. Additionally, this article will only cover New Jersey's state laws, but cities and localities often have their own laws and regulations. Be sure to do your own research of relevant laws and seek legal advice if you have specific questions regarding landlord-tenant disputes.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
NEW! 2025 New Jersey Rental Laws
The following new rental law in New Jersey took effect last year:
Flood Risk Notice (NJSA 46:8-50): Beginning March 20, 2024, New Jersey landlords are now required provide this Flood Risk Notice to tenants. The notice discloses whether the rental unit is located within FEMA's Special Flood Hazard Area or Moderate Flood Hazard Area and whether the landlord has any actual knowledge that the rental premises has been flooded in the past.
New Jersey Quick Facts
Required Disclosures
Lead-based paint Security deposit receipt Truth in Renting Act Flood zone Window guards Criminal background check use
Rent and Fees
Application Fees: N/A Rent Control: Yes Late Fee Limit: N/A Grace Period Minimum: N/A
Race Color National origin Religion Sex Familial status Disability Sexual orientation Gender identity Ancestry Marital status Military status Source of Income HIV/AIDS Pregnancy
Eviction Notices
Rent Demand Notice: Immediate or 1-month quit notice Notice for Lease Violation: 1-month quit notice Unconditional Notice to Quit: 3-day quit notice
Rights and Responsibilities of New Jersey Landlords and Tenants
New Jersey landlords and tenants each have rights and responsibilities under the law. The lease or rental agreement should always be consulted first in case of a dispute or disagreement. However, remember that lease terms are only enforceable if they comply with state and federal landlord tenant laws. By writing compliant lease agreements (or having a lawyer review them if you aren't sure), you can foster better tenant relationships, encourage more open communication, and increase long-term tenant retention.
Below is a brief overview of the rights and responsibilities of both landlords and tenants in New Jersey.
New Jersey landlords have the right to:
Collect rent payments as outlined in the lease agreement.
Request and retain a security deposit for the lease duration. In New Jersey, the maximum limit for security deposits is 1.5 months’ rent.
Deduct expenses from the security deposit if the tenant leaves unpaid rent, causes damage beyond normal wear and tear, or has outstanding fees at the end of the lease.
Screen all potential tenants, including any who are added later.
Access the rental unit when necessary for inspections, repairs, showings, and other legitimate purposes.
Initiate eviction proceedings if a tenant fails to pay rent, engages in illegal activities, or violates lease terms.
Establish and enforce lease policies regarding pets, guests, parking, and similar matters, as long as they align with New Jersey rental laws.
New Jersey landlords are responsible for:
Ensuring the property is safe and habitable, providing adequate structural integrity, plumbing, electricity, heating, cooling, property repairs, and other essential utilities.
Adhering to all health, safety, and building regulations. New Jersey’s housing code is available here.
Addressing repair and maintenance requests within a reasonable timeframe. Urgent issues typically within 24-48 hours and non-urgent repairs within about 30 days.
Complying with fair housing laws at both federal and state levels, especially during tenant screening.
Providing reasonable notice before entering a rental unit. While New Jersey law does not specify a required notice period, landlords typically give tenants at least 24 hours’ notice.
Maintaining common areas such as hallways, parking lots, laundry facilities, and other shared spaces.
Paying property taxes and insurance for the property, even if these costs are reflected in rent pricing.
Following the legal eviction process, which includes written notice, a court order, and compliance with state-specific procedures. Learn more about New Jersey’s eviction process here.
Returning security deposits within 30 days in accordance with New Jersey law.
New Jersey tenants have the right to:
Live in a safe and habitable residence, with working utilities, appliances, and an environment free from major hazards or infestations.
Take legal action in cases of landlord negligence, harassment, or discrimination, including suing for lease or legal violations.
Receive timely maintenance and repairs, especially for urgent issues, which should generally be addressed within 24-48 hours.
Expect privacy and security, including functioning locks and reasonable limits on landlord entry.
Be given advance notice before rent increases, lease terminations, evictions, or landlord visits.
Enjoy “quiet enjoyment” of the rental unit without excessive disturbances from the landlord or neighbors.
Be protected from retaliatory eviction, meaning landlords cannot evict tenants for asserting their legal rights or reporting unsafe conditions.
Access certain remedies if the landlord fails to make essential repairs, including the right to withhold rent or arrange for necessary fixes and deduct the cost—provided legal procedures are followed.
New Jersey tenants are responsible for:
Paying rent on time, including any agreed-upon fees or utility costs.
Complying with all lease terms, as long as they align with state laws.
Keeping the unit clean and in good condition, ensuring proper waste disposal and general upkeep.
Reporting maintenance issues promptly, especially those that could worsen over time.
Handling minor repairs, such as replacing batteries in smoke and carbon monoxide detectors.
Covering the cost of damages caused by their own actions or those of their guests.
Providing advance notice if they do not intend to renew their lease at the end of the term.
Using the rental property only for its designated purpose, such as residential living rather than operating a business.
New Jersey Required Disclosures
Required disclosures are information landlords are required to provide to tenants before the start of a lease agreement. These disclosures often have to do with the property's condition, potential hazards, the landlord's policies, or the tenant's legal rights.
There are several required disclosures in New Jersey:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Security Deposit Receipt (NJSA § 46:8-19(c)). Landlords in New Jersey must disclose in writing the name and address of the bank, investment company, or savings and loan association where the security deposit is being held within 30 days of the deposit. The landlord must also disclose the current interest rate of that account in the rental agreement lease.
Truth in Renting Act (NJSA § 46:8-46). Landlords in New Jersey must distribute a copy of the Truth in Renting statement (a list of legal rights and responsibilities of landlords and tenants) to each tenant at or prior to move-in. Landlords must also keep a copy of the current statement posted in their office or another place prominent and accessible to tenants. The penalty for violating this act is $100 per each offense (NJSA § 46:8-47).
Flood Zone (NJSA § 46:8-50). New Jersey landlords must notify tenants if the rental property is in a flood zone prior to move-in.
Window Guards (NJAC § 5:10-27.1(c)). New Jersey landlords who own properties with multiple dwelling units must include a window guard disclosure in all rental agreements. The disclosure should inform tenants that the landlord is required by law to provide, install, and maintain window guards in the units of any tenants who have children less than 10 years old or younger and who submit a written request for window guard installation. The notice must be clear, legible, and conspicuous, in boldface type.
Criminal Background Check Use (NJSA § 46:8-55(b)). Before accepting an application fee, landlords must disclose in writing to all applicants whether their eligibility criteria include the review of criminal history. Landlords must also state that the applicant may provide evidence demonstrating that their criminal record is inaccurate. Both responsibilities must be carried out in a nondiscriminatory manner.
Although New Jersey itself does not have state-wide rent control, some cities in the state do have rent control laws in effect. If you live in one of these cities, it's imperative that you're aware of such laws that may restrict how much you can charge for rent, when you can increase it, etc.
New Jersey does have other state-wide laws concerning rent and fees. Below are a few of the most important rent and fee laws for landlords to know in New Jersey:
Rent Payments
Due Date: New Jersey leasing laws do not specify when rent should be due. In most rental agreements, rent is due on the first of the month.
Electronic Payments: Landlords are prohibited from requiring that tenants pay rent electronically, including electronic funds transfer systems which automatically transfer money on a recurring basis (NJSA § 46:8-49.1). Landlords must also provide a printed or emailed receipt for each cash payment made by a renter (NJSA § 46:8-49.2).
Rent Increases: Rent control is permitted in New Jersey, and several municipalities have rent control laws. Be aware of any local rent control ordinances that may restrict the amount of monthly rent you can charge in your area. Landlords statewide are prohibited from raising rent mid-lease term and must wait until the end of the term to offer a tenant a new lease with the increased rate (NJ Rent Increase Bulletin)
Grace Period: There is no mandatory grace period in New Jersey. However, senior citizens and other recipients of certain social security pensions or benefits must be given a 5-day grace period for rent (NJSA § 2A:42-6.1).
Fees
Application Fees: Rental application fees are not regulated in New Jersey, but the Truth in Renting Act requires them to be reasonable.
Late Fees: There are no statutory limits on late fees in New Jersey.
NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of up to $20 per check. This amount may vary as determined by ordinance of the governing body (NJSA § 40:5-18).
Tenant Remedies
Withholding Rent/Repair and Deduct: If a New Jersey landlord does not keep a property in habitable condition, their tenants may arrange for repairs themselves and deduct the cost from their rent. Tenants may also seek rent abatement or withhold rent if the landlord fails to maintain habitability (Marini v. Ireland).
New Jersey Security Deposit Laws
Security deposits are highly regulated in almost every state. State laws dictate how deposits should be collected, stored, and returned to tenants. Below are New Jersey's most important laws regarding security deposits:
Deposit Limit: 1.5 months’ rent. If the landlord collects additional security, it should not be greater than ten percent of the current deposit amount (NJSA § 46:8-21.2).
Interest: If the bank, investment company, or savings and loan association pays interest on security deposits, that interest belongs to the tenant who made the deposit. It may be paid in cash or credited toward rent. If the landlord fails to properly invest or deposit the security deposit, the tenant may send written notice that the deposit plus 7% interest per annum should be applied to a future rent payment (NJSA § 46:8-19(c)).
Return Within: 30 days. If the tenant was displaced due to fire, flood, or evacuation, the landlord must return the deposit within five business days (NJSA § 46:8-21.1(3)).
Deposit Location: Security deposits must be deposited or invested in a money market fund or an interest-bearing account in a State or federally chartered bank, savings bank, or savings and loan association. They must not be commingled with the landlord’s personal funds (NJSA § 46:8-19(a)).
Withholding: Landlords must include an itemized list of deductions with the returned security deposit. Deductions may include the cost of damages beyond those for normal wear and tear as well as any other outstanding fees due to the landlord under the lease terms (NJSA § 46:8-21.1).
New Jersey Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in New Jersey?
The FHA specifically protects tenants from discrimination based on these seven protected classes. Landlords cannot use a tenant's membership in any of the following protected classes to justify housing decisions:
Race
Color
Religion
Gender
National origin
Familial status
Disability
In addition to these federal protections, New Jersey state law (NJSA § 10:5-4) adds the following characteristics as protected classes in the state:
Sexual orientation
Gender identity
Ancestry
Military status
Marital status
Source of income
HIV/AIDS
Pregnancy
Use of Credit Reports
New Jersey landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may not be used during tenant screening in New Jersey prior to the provision of a conditional offer. Likewise, landlords may not make any oral or written inquiry into an applicant’s criminal record. There are two exceptions:
1) Landlords may consider whether an applicant has ever been convicted of drug-related criminal activity for the manufacture or production of methamphetamine on the premises of federally assisted housing, and
2) Landlords may also consider whether an applicant is registered for life as a sex offender under a state sex offender registration program (NJSA § 46:8-55).
In general, New Jersey landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
New Jersey does not have specific laws regulating when and how landlords can enter rental properties. However, it's customary for landlords to give at least 24 hours' notice before entering a tenant's unit and limit entry to reasonable hours.
Advanced Notice: New Jersey does not have a specific advanced notice requirement, but landlords generally may not enter tenants’ units without explicit permission from the tenant or a court order.
Permitted Times: New Jersey state law does not designate any time-of-day restrictions for entering.
Emergency Entry: There are no laws in New Jersey regarding emergency entry without notice.
New Jersey Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in New Jersey, consider hiring an experienced real estate attorney and be sure to review the New Jersey eviction process in more detail.
If you are going to pursue an eviction, the first step is to send a formal, written eviction notice. In New Jersey, the type of notice you must send depends on the circumstances of the eviction. Below are New Jersey's eviction notices:
Rent Demand Notice: Immediate. If a tenant defaults on rent in New Jersey, the landlord may file for eviction immediately after sending notice. However, if the tenant has a history of delinquency with rent payments, the landlord must first send a Notice to Cease, after which, if rent remains unpaid, the landlord must send a 1-month notice to quit (NJSA § 2A:18-61.2).
Notice for Lease Violation:1 month to quit. The landlord must first send a Notice to Cease and wait a reasonable amount of time (see: Brunswick Street Assocs. v. Gerard) for the tenant to cure the violation. If the tenant does not comply, the landlord may send the 1-month quit notice (NJSA § 2A:18-61.2(3)(b)).
Unconditional Notice to Quit:3 days to quit. This notice applies if the tenant commits disorderly conduct, including illegal activity. The landlord should first send a Notice to Cease and wait a reasonable amount of time for the tenant to fix the issue. If the tenant does not, then the 3-day quit notice can be sent (NJSA § 2A:18-61.2(3)(a)).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in New Jersey, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in New Jersey, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The median rent rate in Newark is $1,900 per month.
Tenants in Hudson County, NJ, have additional protections under the Tenant Protection Act of 1992. This law extends protections for tenants who were not eligible for Protected Tenancy under the Senior Citizens and Disabled Protected Tenancy Act of 1981 (NJSA § 2A:18-61.40-59; 2A:18-16.11(d)).
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