Find out key laws every New Jersey landlord and tenant needs to know.
Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in New Jersey will get you started.
Required Landlord Disclosures in New Jersey
Under New Jersey law, landlords must disclose specific information to tenants (usually in the lease or rental agreement). Required disclosures include:
- FLOOD ZONE. If the rental is in a flood zone or area (does not apply to properties containing two or fewer dwelling units, or to owner-occupied properties of three or fewer units). (N.J. Stat. § 46:8-50.)
- TRUTH IN RENTING ACT. Except in buildings of 2 or fewer units, and owner-occupied premises of 3 or fewer units, landlord must distribute to new tenants at or prior to move-in the Department of Community Affairs' statement of legal rights and responsibilities of tenants and landlords of rental dwelling units (Spanish also). (N.J. Stat. §§ 46:8-44, 46:8-45, 46:8-46.)
- CHILD PROTECTION WINDOW GUARDS. Landlords of multi-family properties must include information in the lease about tenants' rights to request window guards. The Legislature's Model Lease and Notice clause reads as follows: "The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant's unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children." The notice must be conspicuous and in boldface type. (N.J. Admin. Code § 5:10-27.1.)
New Jersey Security Deposit Limit and Return
New Jersey state law limits how much a landlord can charge for a security deposit (one- and one-half month's rent for the first year, and no more than 10% of the current security deposit for each additional annual deposit), when the security deposit must be returned (within 30 days after a tenant moves, or within five days in case of fire, flood, condemnation, or evacuation), and sets other restrictions on deposits.
Small Claims Lawsuits in New Jersey
Tenants can sue landlords in small claims court for the return of their deposit, up to a dollar amount of $5,000. See Filing a Security Deposit Lawsuit in New Jersey Small Claims Court for advice for tenants filing suit. Landlords defending a security deposit lawsuit should check out New Jersey Landlord's Guide to Security Deposit Disputes in Small Claims Court.
New Jersey Late Fees and Other Rent Rules
State law regulates several rent-related issues, including late fees, the amount of notice (at least 30 days in New Jersey) landlords must give tenants to raise the rent and how much time (30 days in New Jersey) a tenant has to pay overdue rent or move before a landlord can file for eviction.
Tenant Rights to Withhold Rent in New Jersey
Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
New Jersey Termination and Eviction Rules
State laws specify when and how a landlord may terminate a tenancy. For example, a landlord may give a New Jersey tenant who has assaulted or threatened the landlord an unconditional quit notice that gives the tenant three days to move out before the landlord can file for eviction. See State Laws on Unconditional Quit Terminations and State Laws on Termination for Violation of Lease for details on these types of termination notices in New Jersey.
Landlord Access to Rental Property, Tenant Protection Against Retaliation, and Other State Laws in New Jersey
Several other landlord-tenant laws in New Jersey affect both property owners and renters, including:
- restrictions on landlord's right to access rental property (New Jersey landlords must provide one day' notice of entry for inspections and repairs, and "reasonable" notice when entering for other reasons)
- tenant protections against landlord retaliation for tenant exercising a legal right, such as complaining about an unsafe living condition (see State Laws Prohibiting Landlord Retaliation for details)
- special protections for tenants who are victims of domestic violence (see Legal Protections for Tenants Who Are Victims of Domestic Violence)
- procedures for how landlords must handle abandoned property left behind by tenants, and
- fair housing rights (discrimination is also prohibited by federal and, often, local law—see the Housing Discrimination section of the Nolo site for details).
Where to Find New Jersey Landlord-Tenant Statutes
If you want to read the text of a law itself, such as state security deposit rules, you'll find citations in many of the articles and charts included in the State Landlord-Tenant Laws section of the Nolo site. Nolo's article on laws and legal research will guide you on how to research and locate federal, state, and local laws.
If you just want to browse through the New Jersey landlord-tenant law, you can find state statutes at N.J. Stat. §§ 46:8-1 to 46:8-50; 2a:42-1 to 42-96. You can search the table of contents for the landlord-tenant statutes. Or, if you don't know the exact statute number, you can enter a keyword that is likely to be in it, such as "nonpayment of rent."
In addition to accessing state laws via Nolo's website, New Jersey statutes are available in many public libraries and in most law libraries that are open to the public (typically found in a county courthouse or at the state capitol or in a publicly-funded law school).
Local Ordinances Affecting New Jersey Landlords and Tenants
Cities and counties often pass local ordinances, such as rent control rules, health and safety standards, noise and nuisance regulations, and antidiscrimination rules that affect landlords and tenants. Many municipalities have websites —just search for the name of a particular city in New Jersey and then do a search when you're on the site.
State and Local Government on the Net and Municode are good sources for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in New Jersey.
Federal Landlord-Tenant Laws and Regulations
While most landlords and tenants will primarily be concerned with state law in New Jersey, several federal laws come into play. Congress has enacted laws, and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have adopted regulations, covering discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 54 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"), also organized by subject into 50 separate titles.
To access the U.S. Code and Code of Federal Regulations online, see the Cornell Legal Information Institute's website. Finally, check USA.gov, the official U.S. website for government information.
Nolo Resources on Legal Research and Landlord-Tenant Law
Nolo's Laws and Legal Research page includes links to state and federal laws, explains how to research and understand statutes, and provides advice on finding local ordinances and court cases, including Supreme Court cases. To go further, check out , by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in the and sections of the Nolo website and Nolo books, such as Every Landlord's Legal Guide and Every Tenant's Legal Guide.
