New Jersey Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in New Jersey
What are the late fee regulations in New Jersey?
New Jersey law requires that late fees must be reasonable and clearly specified in the lease agreement. While there is no statutory limit on late fees, courts generally consider fees exceeding 5% of the monthly rent to be excessive. The lease must specify the amount and when it will be charged. Late fees cannot be charged until the rent is at least 5 days late, per N.J.S.A. 2A:42-6.1.
What are the rules for security deposits in New Jersey?
New Jersey law limits security deposits to 1.5 times the monthly rent. Landlords must return deposits within 30 days of lease termination, with an itemized list of any deductions. The deposit must be placed in an interest-bearing account, and tenants are entitled to the interest earned annually. For properties with 10 or more units, the landlord must register the deposit with the Department of Community Affairs. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory.
What are the eviction rules and tenant protections in New Jersey?
New Jersey requires: 1) 3-day notice for non-payment of rent, 2) 30-day notice for lease termination in month-to-month tenancies, 3) Written notice specifying lease violations with time to cure. Self-help evictions are illegal under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1). Landlords must obtain a court order. Tenants have strong protections under NJ law and can only be evicted for specific statutory causes. The eviction process must follow proper legal procedures. Tenants may raise defenses including retaliation, discrimination, or habitability issues.
What are the maintenance requirements for landlords in New Jersey?
New Jersey law requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. New Jersey follows the implied warranty of habitability under N.J.S.A. 2A:42-85 to 97. Tenants must provide written notice of repair needs. If landlords fail to make necessary repairs within a reasonable time, tenants may have the right to repair and deduct costs from rent or terminate the lease under N.J.S.A. 2A:42-88.
What notice is required for landlord entry in New Jersey?
New Jersey law requires landlords to provide reasonable notice (typically 24 hours) before entering a rental unit, per N.J.A.C. 5:10-1.1 et seq. Entry must be during reasonable hours unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy and could result in penalties under NJ law.
What are the rules for rent increases in New Jersey?
New Jersey law requires landlords to provide written notice before increasing rent: 30 days notice for month-to-month tenancies and one full month's notice for yearly leases (N.J.S.A. 2A:18-61.1). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. Many New Jersey municipalities have local rent control ordinances that limit the amount and frequency of increases. Landlords must comply with both state law and local rent control regulations. Increases must be reasonable and cannot be used as retaliation against tenants exercising their legal rights.
What are my rights regarding repairs in New Jersey?
New Jersey tenants have repair rights under N.J.S.A. 2A:42-85 to 97: 1) Notify landlord in writing of needed repairs, 2) Give landlord reasonable time to make repairs, 3) If landlord fails to make repairs affecting habitability, tenants may withhold rent, repair and deduct costs from rent, or terminate the lease. New Jersey law requires rental properties to meet basic standards of habitability. Tenants should document all repair requests and communications. For serious health/safety violations, tenants can file a complaint with local housing inspectors or the DCA Bureau of Housing Inspection.
What are the rules about security deposit deductions in New Jersey?
New Jersey landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. Under N.J.S.A. 46:8-21.1, deposits must be returned within 30 days of move-out with an itemized list of deductions. Security deposits are limited to 1.5 months' rent. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold deposits may be liable for double damages plus reasonable attorney's fees. Landlords must place deposits in an interest-bearing account and provide annual interest to tenants.
What are New Jersey's requirements for smoke detectors?
New Jersey law (N.J.A.C. 5:70-4.19) requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Both smoke and carbon monoxide detectors are required in residential properties. Smoke alarms must be UL listed and properly maintained. Landlords must ensure detectors are working at the start of each tenancy and obtain a Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance before any sale or lease. Tenants are responsible for testing devices and replacing batteries during their tenancy. Tampering with detectors is prohibited and may result in fines.
What disclosures are required from New Jersey landlords?
New Jersey landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms and the bank where it's held (N.J.S.A. 46:8-19) • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under New Jersey law • Truth in Renting Statement • Window guard availability (buildings with 3+ units) • Available parking spaces and fees • Rent control status (if applicable)
Tenant Support
Rental Assistance
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
