New Jersey Landlord-Tenant Laws [2023]: Tenants' Rights and FAQs (2023)

Last update:January 10, 2022ProElisabeth Suza

Lease agreements for New Jersey can be made in writing or orally. According to New Jersey law (New Jersey Statutes Annotated). Lease contracts confer certain rights on the tenant, such as the right to habitable housing and the right to seek housing without discrimination.

OwnerProceedYou have certain rights, such as B. The right to deduct costs related to damage beyond normal wear and tear and to collect rent on time.

Use: These rights existstilla different lease agreement.

Questions?To speak with a New Jersey landlord-tenant attorney,click here

Owner Responsibilities in New Jersey

In New Jersey, homeowners are required to provide habitable housing and make requested repairs in a timely manner, although the law does not specify a specific deadline. Otherwise, tenants can withhold rent, request a rent reduction, or make repairs and deduct the costs from the next month's rent.

Here is a list of essential services that landlords may or may not be responsible for.

ArticleHolder's responsibility?
residential structuresE
proper warm-upYes, apartment buildings
wall and ceilingsYes, apartment buildings
Mosquito screens on windows and doorsYes, apartment buildings
window protectionYes, apartment buildings
Smoke and carbon monoxide detectorsE
(Video) New Jersey Rental Laws Lease and Eviction Rules

Landlords cannot evict tenants in retaliation for exercising their housing rights (ie filing a health and safety complaint).

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Tenant Obligations in New Jersey

In addition to paying rent on time, New Jersey renters must:

  • Keep the device in a safe and habitable condition.
  • Keep accessories clean and hygienic.
  • Carry out minor repairs or maintenance work.
  • Do not disturb other tenants or neighbors.

Evictions in New Jersey

Landlords in New Jersey have the authority to evict tenants for the following reasons:

  1. non-payment of rent- If a New Jersey tenant defaults on rent, the landlord is not obligated to issue any form of eviction unless the tenant has a history of late rent payments, which is what30 day notice periodmust be issued before an eviction action is filed in court.
  2. Breach of Lease- If there is a breach of tenancy law, the landlord must first issue a notice and tenants aNotice of term. If the breach is not cured, the lessor may30 day notice period. If the tenancy conditions are not met, the landlord can demand a formal eviction.
  3. disorderly conduct– A landlord canNotice of termto any tenant who acts in a disorderly manner and disturbs the peaceful use of the premises by other tenants. If the tenant continues to commit an offence, the landlord can3 days notice.
  4. negligence/property damage– A tenant can be terminated if they cause property damage through gross negligence or willful misconduct. A landlord can3 days notice.
  5. housing violations– If a landlord is subpoenaed by government officials for owning a rental property that violates health and safety regulations, they can give the tenant a3 months notice.
  6. Interruption of use of the rented property– If the owner no longer wants to rent the property, he can18 months notice to stop smokingbefore the start of the eviction process.
  7. Do not accept rent changes– If a tenant refuses to agree to reasonable changes to the lease, landlords can provide1 month in advance to stop smokingbefore an eviction.
  8. condos conversion– If the landlord wants to convert the rental property into a condominium, landlords must notify the tenant3 years in advance to stop smoking.
  9. Personal use or sale of rented property– If an owner wants to sell the rented property to a buyer who wants to live in it, or if the current owner wants to live in it, he must2 months in advance to stop smoking.
  10. Termination of the Employment Contract– For tenants who received the rented property as part of their employment relationship and the employment relationship has ended, the landlord must give them a3 days notice.
  11. illegal actions– For illegal behavior, New Jersey homeowners can3 days notice. This notice applies to illegal drug use or possession, physical harm, intentional destruction of property and disorderly conduct.

It is illegal for landlords to evict tenants in retaliation or on discriminatory grounds.

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Bail Bonds in New Jersey

  • Default limit/maximum value– 1.5 monthly rents.
  • Deadline for return– 30 days, 15 days in case of eviction due to domestic violence, 5 days in case of eviction due to natural disaster.
  • Fine for not returning on time– If a New Jersey landlord improperly withholds rent, you may be liable to pay the full amount of the security deposit plus court-imposed fines.
  • allowed deductions– Unpaid rent, damage beyond normal wear and tear, additional provisions as outlined in the rental agreement.

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(Video) New Jersey Landlord Tenant Laws | American Landlord

Terminating the lease in New Jersey

reporting requirements. If a tenant on a fixed-term tenancy agreement wishes to terminate that agreement, the tenant must comply with the following notice periods.

rent payment frequencynote required
week after week7 Tome
mine for mine1 hour
room in roomno status
each year3 fun

Questions?To speak with a New Jersey landlord-tenant attorney,click here

Expected Term. New Jersey renters can legally terminate a lease early for the following reasons:

  • Early Termination Clause
  • active military service
  • uninhabitable unit
  • landlord harassment
  • domestic violence
  • health crisis

Landlords are under no obligation to facilitate the relocation process, so tenants who break a lease may be liable to pay the lease term balance.

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Rent increases and related fees in New Jersey

  • rent control. New Jersey allows local jurisdictions to adopt rent control policies. More than 100 counties in New Jersey have some form of rent control policy. For more information in your area, contact your local housing authority.
  • rent increases. In locations where rent controls apply, landlords must justify rent increases and give at least 30 days' notice. Tenants should be able to terminate without further conditions if they do not agree to the rent increase.
  • Fees related to the rental. The state does not limit rent payments as long as they are clearly outlined in the lease. Landlords may also charge a fee for bounced checks, but only after a 35-day waiting period, and may only charge a $100 fee or a fee of 3 times the value of the check (but no more than $500).

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(Video) New Jersey Landlord-Tenant Law

Housing Discrimination in New Jersey

protected groups. The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, marital status, gender or disability. These regulations do not apply to owner-occupied residences or residences managed by religious organizations. New Jersey law provides additional protections for renters based on race, marital status, domestic violence victim status, gender identity, sexual orientation, legal source of income, legal source or rent payments, and HIV/AIDS status.

Discriminatory Acts and Sanctions. 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 against a member of a protected class:

  • Refusal to rent or sell in response to an honest offer
  • Bring tenants to specific neighborhoods
  • Ads that suggest a preference for or against certain groups
  • Offer different terms and conditions or privileges
  • Availability of a drive is falsely denied
  • Manage another application process
  • Refuse to offer certain financial services related to the purchase of the house

Tenants who feel they are victims of housing discrimination can file a complaint with the Public Ministry. If the complaint is justified, the findings can serve as the basis for civil proceedings.

Additional New Jersey Landlord-Tenant Regulations

Owner's right of entry into New Jersey

Owners are required to provide various types of notices for maintenance and display purposes. Landlords must provide "reasonable" entry notice in advance for maintenance purposes, but renters may refuse to allow entry on a no-show basis unless prohibited by the lease agreement. Homeowners do not need to obtain permission to enter in an emergency.

New Jersey Small Claims Court

The New Jersey Small Claims Court will hear lease-related disputes worth up to $3,000, but the courts will not hear eviction cases. The statute of limitations for contracts in New Jersey is 6 years for written or oral contracts.

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(Video) Navigating the New Eviction Process in 2023: A Guide for Homeowners in 2023

Mandatory Disclosures in New Jersey

New Jersey property owners must provide the following mandatory details:

  1. lead paint– Owners of homes built before 1978 must report lead concentrations in paint.
  2. Flutzone- Owners must also advise if the unit is in a known flood area.
  3. The truth in rent– Landlords must provide this guide informing tenants of their rights.
  4. child proof window– Landlords are required to disclose and provide window coverings to tenants upon written request.

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Lock change in New Jersey

New Jersey law doesn't say much about changing locks. As such, renters may be legally permitted to change locks, but it is recommended that they ask the landlord for permission first. Landlords are expressly prohibited from unilaterally changing locks as a form of eviction (ie "lockout").

New Jersey local laws

Newark Landlord and Tenant Rights

Newark has a City Rent Control Ordinance that limits how much a landlord can raise rents after a certain date. This rate is determined by the consumer price index (CPI). You can also limit the amount you charge your tenant in fees. For more information, seeon here.

Jersey City Landlord and Tenant Rights

Jersey City has rent control ordinances that set standards for what counts as an "allowable increase" and what steps a landlord must take if they intend to increase rent. This ordinance also prohibits rent increases during the term of a lease. you can read moreon here.

Check with your county and local council for additional rules for landlords and renters.

Questions?To speak with a New Jersey landlord-tenant attorney,click here

Can a landlord enter New Jersey?
Homeowners in New Jersey must allow "reasonable" time before entering an apartment. If the owner wants to show the apartment, the tenant can refuse entry.Keep reading "
Is New Jersey a "host friendly" state?
New Jersey is not a very landlord friendly state as there are several jurisdictions that have rent control policies. The law also gives tenants a lot of advantage.Keep reading "
What rights does a renter have in New Jersey?
Tenants in New Jersey have a number of rights, including the right to seek housing without discrimination and the right not to charge unreasonable rent.Keep reading "
Can a renter change locks in New Jersey?
Tenants can only change locks if the lease agreement allows for this. Renters who change locks without permission may be liable for damages.Keep reading "
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