New Jersey Landlord-Tenant Law
The rules for renting in New Jersey — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for New Jersey
- Security deposit limit
- 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2
- Deposit return deadline
- Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1
- Notice for unpaid rent
- No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3
- Ending a month-to-month lease
- Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. N.J.S.A. 2A:18-61.1, 2A:18-61.3; 2A:18-53(a), 2A:18-56(b); 2A:42-5
- Landlord entry notice
- No statute. No N.J.S.A. provision sets a general notice period for landlord entry. State regulations for multiple dwellings (3+ units) require occupants to give the owner access for inspection and needed repairs on reasonable notice, which ordinarily is one day, and immediately in safety or structural emergencies. Other entry is governed by the lease. N.J.A.C. 5:10-5.1(c) (regulation); no statute
- Rent control / increase limits
- No statewide rent control and no state preemption. Municipalities may adopt rent control or rent leveling ordinances. Multiple dwellings built after 1987 are exempt from municipal limits on periodic increases for the period of the initial mortgage amortization or 30 years from completion, whichever is less. Without initial mortgage financing, the exemption is 30 years. N.J.S.A. 2A:42-84.2, 2A:42-84.5; municipal ordinances
Last verified against official sources: 2026-10-22
Security Deposits in New Jersey
| Security deposit limit | 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. Money 'deposited or advanced' as security or to be applied to payments under the lease is covered by the Act (N.J.S.A. 46:8-19), so advance rent counts. DCA's Truth in Renting guide also says a pet deposit counts toward the cap (DCA guide, not statute text). The Act does not apply to owner-occupied premises with not more than two rental units unless the tenant gives the landlord 30 days' written notice invoking it (N.J.S.A. 46:8-26). Statute text checked on the NJ Legislature statutes database (updated through P.L.2026, c.50); last amended by P.L.2003, c.188. Source: N.J.S.A. 46:8-21.2 |
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| Deposit return deadline | Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. For displacement and domestic-violence terminations, the money must be available on demand for 30 days at a location in the same municipality. Last amended by P.L.2010, c.34; no 2024-2026 amendment. Source: N.J.S.A. 46:8-21.1 |
| Itemized deductions | Interest and any deductions must be itemized and sent to the tenant by personal delivery or registered or certified mail within the same 30-day period. No deductions may be made from the deposit of a tenant who is still in possession. The statute allows deductions for 'charges expended in accordance with the terms of a contract, lease, or agreement'. The 'normal wear and tear' wording comes from the DCA guide, not the statute text. Source: N.J.S.A. 46:8-21.1 |
| Interest on deposits | Required. Landlords with 10 or more rental units must invest the deposit in an insured NJ-based money market fund or a variable-rate insured NJ bank/S&L account. Smaller landlords must use an interest-bearing account at an insured NJ bank or S&L. Interest belongs to the tenant and is paid in cash or credited toward rent each year (on the lease renewal/anniversary, or on January 31 after written notice). The landlord must notify the tenant in writing (institution name and address, account type, interest rate, amount) within 30 days of receiving the deposit, within 30 days of moving it, at each annual interest payment, and within 30 days after a transfer of ownership. If the landlord fails to invest the deposit, give notice, or pay interest, the tenant may give written notice and apply the deposit plus 7% annual interest toward rent; after that the landlord may not demand a new deposit. If the only failure is the annual interest payment or annual notice, the tenant must first give written notice and allow 30 days to comply (N.J.S.A. 46:8-19(c)). The investment rules do not apply to seasonal rentals of 125 consecutive days or less (46:8-19(d)). Source: N.J.S.A. 46:8-19 |
| Penalty for withholding | If the tenant wins a suit for the return of the deposit, the court must award double the amount due, plus full court costs. Reasonable attorney's fees are at the court's discretion. Willfully withholding a deposit paid for a tenant on State or federal assistance carries a civil penalty of $500-$2,000 per offense (46:8-21.1). Such tenants need not sue to keep their program eligibility (46:8-21.5). Source: N.J.S.A. 46:8-21.1 |
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Eviction in New Jersey
| Notice for unpaid rent | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. Within 2 business days after a payment in the 3-day window, the landlord must notify the court, and violations carry a penalty of up to $500 per offense (2A:42-10.16a; 46:8-49.3). Rent that the tenant used to keep landlord-owed utility service on, after a shutoff notice, is not 'unpaid rent' (2A:18-61.1(a)). Federal rules for subsidized housing may require a pre-filing notice; not verified here. |
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| Notice for lease violations | Disorderly conduct: a written notice to cease, then a 3-day notice to quit. Willful or grossly negligent damage to the premises: a 3-day notice to quit. Continued substantial violation of reasonable rules or lease covenants, or habitual late payment of rent: a written notice to cease, then a one-month notice to quit. Drug, assault, theft, or human-trafficking grounds: a 3-day notice. Notices must state the cause in detail and be served personally, at the residence on a family member over 14, or by certified mail (regular mail if the certified letter is not claimed). The statute sets no fixed cure period for a notice to cease. Per the DCA guide (Brunswick Street Assocs. v. Gerard), the tenant must get a reasonable time to comply. Other causes have longer notices: 3 months for code-violation removals (g), 18 months for permanent retirement (h), 2 months for owner occupancy or sale (l), and 3 years for condo/co-op conversion (k) (2A:18-61.2). |
| Lockouts & utility shutoffs | Self-help eviction is illegal. A residence may be entered or retaken without the occupant's consent only through legal eviction process, and only a court officer may execute a warrant for possession. It is a disorderly persons offense, after a warning from police or another official, to take possession without a lawful warrant, including by changing or padlocking locks, removing belongings, or shutting off heat, electricity, water, or other vital services. A second offense within 5 years is a fourth-degree crime. A displaced tenant may re-enter with a police officer present. In a civil action, the tenant can recover possession, all damages, court costs, and reasonable attorney's fees, or treble damages if return to possession is not appropriate. Remedies in 2A:39-8 (https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1189?f=templates$fn=document-frame.htm$3.0). Summary actions under 2A:39 are heard in the Special Civil Part (R. 6:1-2). |
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Notice to Vacate in New Jersey
| Ending a month-to-month lease | Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. A tenant who gives notice of quitting and then stays past the date given owes double rent for the holdover period (2A:42-5). A holdover after a lease of one month or longer becomes a month-to-month tenancy if the landlord accepts rent (46:8-10). A rent increase requires a valid notice to quit and notice of increase, and the increase may not be unconscionable (2A:18-61.1(f)). |
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Landlord Entry in New Jersey
| Landlord entry notice | No statute. No N.J.S.A. provision sets a general notice period for landlord entry. State regulations for multiple dwellings (3+ units) require occupants to give the owner access for inspection and needed repairs on reasonable notice, which ordinarily is one day, and immediately in safety or structural emergencies. Other entry is governed by the lease. "Multiple dwelling" means a building with 3 or more units (N.J.A.C. 5:10-2.2). Bureau of Housing Inspection inspectors need the occupant's consent to inspect private living quarters, except in emergencies or with a warrant (N.J.A.C. 5:10-1.10(d)). Entering a residence without the occupant's consent, other than through legal eviction process, is unlawful entry and a disorderly persons offense (N.J.S.A. 2A:39-1, https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1182?f=templates$fn=document-frame.htm$3.0). DCA's Truth in Renting guide (https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf) says no statute or case law requires access for other purposes, such as showings. |
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Repairs & Habitability in New Jersey
| Repair and deduct | Allowed by case law, not statute. For defects in vital facilities, after giving the landlord notice and a reasonable time to repair, the tenant may make the repair and deduct the reasonable cost from rent. This is case law, described in the DCA Truth in Renting guide. DCA warns that the tenant must prove both the necessity and the landlord's failure to repair. |
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| Withholding rent | Allowed by case law: if the landlord breaches the implied warranty of habitability (vital facilities), the tenant may withhold all or part of the rent and raise habitability as a defense or set-off in a nonpayment case. By statute, a tenant or public officer may also sue to have rents deposited into court and used to fix conditions in substantial violation of housing or health codes (lack of heat, running water, light, electricity, or sewage disposal, or other dangerous conditions), or to correct a wrongful diversion of utility service. The case-law description comes from the DCA guide. Minor defects do not qualify, and DCA advises keeping the withheld rent available to pay into court. The rent-deposit action grounds are in 2A:42-87 and -88. |
| Retaliation protection | A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. No fixed presumption period. Under 2A:42-10.12, a notice to quit or substantial change without cause after any protected act, or after a prior judgment for the tenant, creates a rebuttable presumption of reprisal, with no time limit stated. Exception: no reprisal is presumed from a refusal to renew if the tenant asked to renew sooner than 90 days before the lease or renewal date. The law does not apply to owner-occupied premises with not more than two rental units (2A:42-10.13). Source: N.J.S.A. 2A:42-10.10 to -10.13 |
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Rent Increases & Late Fees in New Jersey
| Rent control / increase limits | No statewide rent control and no state preemption. Municipalities may adopt rent control or rent leveling ordinances. Multiple dwellings built after 1987 are exempt from municipal limits on periodic increases for the period of the initial mortgage amortization or 30 years from completion, whichever is less. Without initial mortgage financing, the exemption is 30 years. Where no local rent control applies, a tenant can still challenge an unconscionable increase in an eviction for nonpayment of an increase (2A:18-61.1(f)). P.L.2025, c.85 set a rent-increase limit for certain manufactured or modular home sites; its text was not reviewed. |
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| Late fees | No general statutory cap was found. Senior citizens receiving Social Security old-age, Railroad Retirement, or other government pensions, and recipients of SSDI, SSI, or Work First New Jersey benefits, get a 5-business-day grace period when rent is due on the 1st. No late charge may be imposed for that period. Violating the grace-period rule is a disorderly persons offense (2A:42-6.2). In a nonpayment case, if the tenant pays everything owed within the 3-business-day post-warrant window, the late fee may not exceed the amount stated in the warrant application (2A:42-10.16a). Per the DCA guide, late fees must be in a written lease as 'additional rent' to be collected in an eviction case. Source: N.J.S.A. 2A:42-6.1 to -6.3 |
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Breaking a Lease in New Jersey
| Ending a lease: domestic violence | Yes. A tenant may end a residential lease early by giving the landlord (a) written notice that the tenant or the tenant's child faces an imminent threat of serious physical harm from a named person if the tenant stays, and (b) one of: a certified copy of a permanent restraining order (NJ or another jurisdiction) protecting the tenant from that person; a law enforcement record documenting the domestic violence or certifying the tenant or child is a victim; medical documentation from a health care provider; a certification from a certified Domestic Violence Specialist or the director of a designated DV agency; or documentation from a licensed social worker. The termination takes effect 30 days after the landlord receives the notice (or earlier by agreement), with rent paid pro rata to that date. Co-tenants' lease also ends, though the landlord may offer them a new lease. The landlord must have the deposit plus interest, less lawful charges and rent owed, available for return within 15 business days. The landlord may not disclose the tenant's information except as the law allows. 46:8-9.7: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/44314/44489?f=templates$fn=document-frame.htm$3.0. The statute is framed around domestic violence; whether sexual assault or stalking alone qualify was not separately confirmed. Lock-change rights for DV victims are in 46:8-9.14 (not reviewed in detail). Does not apply to seasonal rentals (46:8-9.12). |
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| Ending a lease: military, medical, death | Death: a residential lease of one year or more may be ended after the death of the tenant or the tenant's spouse by written notice from the tenant, the estate's executor or administrator, or the surviving spouse (if the lease was signed jointly). Disability/senior: a lease of one year or more may be ended if (a) the tenant or spouse has a disabling illness or accident, with a treating physician's certification that they cannot work, proof of lost income, and proof that other benefits cannot cover the rent; (b) the tenant or spouse (one aged 62+) is accepted into assisted living, a nursing home, or a continuing care retirement community, with a physician's certification and proof of acceptance; (c) the tenant or spouse (one aged 62+) is accepted into low- or moderate-income housing; or (d) the unit is not accessible for a household member with a lasting disability and the landlord was asked to make it accessible at the landlord's cost but did not. In all these cases the termination takes effect on the 40th day after the landlord receives written notice, rent is due until then, and the unit must be vacated at least 5 working days before that 40th day. The death provision does not apply if the lease explicitly provides otherwise. 46:8-9.1: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/44314/44483?f=templates$fn=document-frame.htm$3.0. No state-law military lease termination provision was located in Title 46 ch. 8; the federal SCRA applies. Separately, landlords must count military or veteran housing allowances as income when screening (46:8-51). Source: N.J.S.A. 46:8-9.1; 46:8-9.2 |
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Squatters & Abandoned Property in New Jersey
| Belongings left behind | A landlord may dispose of property a tenant left behind only if the landlord reasonably believes the tenant left it with no intent to claim it, and either a warrant for removal has been executed and possession returned, or the tenant gave written notice of voluntarily giving up possession. The landlord must first send written notice by certified mail (return receipt requested) or first-class mail with a certificate of mailing, to the tenant's last known address (which may be the unit) and any other known address, in an envelope marked 'Please Forward'. The notice must say the property is considered abandoned and must be removed by a stated date at least 30 days after delivery or 33 days after mailing, whichever comes first (75/78 days for manufactured or mobile homes); that otherwise the landlord may sell it, or destroy it if its value would not cover storage and sale costs; and that a residential tenant who claims it in time can take it without paying unpaid rent. The landlord must store the property with reasonable care and may charge reasonable storage costs, but may promptly discard perishable food and must let animal control or a humane society take abandoned pets. If the tenant says (in writing or orally) they will collect it but does not do so by the deadline or within 15 days after a written response, whichever is later, or does not respond at all, the property is conclusively abandoned. A sale must follow the UCC (12A:9-601 et seq.). Sections 2A:18-72 (https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/743?f=templates$fn=document-frame.htm$3.0) and 2A:18-73 (node 744) set the conditions and mailing rules. Motor vehicles are excluded (2A:18-84). Copies of notices about manufactured/mobile homes go to the MVC director and recorded lienholders. |
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Rental Fees in New Jersey
| Application / screening fees | Capped at $50. A landlord or agent may not require an application or similar fee above $50 to apply to lease or sublease a residential unit. The cap is adjusted each January 1 by the Division of Consumer Affairs in line with the regional CPI. Exempt: units in one- or two-family dwellings, and real estate licensees who are not the landlord. Violations carry penalties of up to $500 (first), $750 (second), and $1,000 (each later offense), enforced in the Special Civil Part on complaint of the Division of Consumer Affairs director or the Attorney General; the overcharge is refunded to the applicant from the penalty. The current CPI-adjusted amount was not checked. |
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| Other rental fees | Limited. A landlord may not require rent or other lease payments to be made by electronic funds transfer, including automatic recurring transfers. If a lease lets the landlord recover attorney's fees or expenses (including as 'additional rent'), the law reads in a matching right for a tenant who wins to recover theirs, and the lease must state this in bold type. Application fees are capped (see application_fees). No statute found that caps move-in or convenience fees or requires all-in rent disclosure. 2A:18-61.66: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/737?f=templates$fn=document-frame.htm$3.0. A tenant who simply pays the rent due after a nonpayment complaint is filed does not count as having won. The 46:8 section list (database current through P.L.2026, c.50) shows no other fee section. P.L.2026, c.43 (FAIR Act) concerns algorithmic rent setting and adds no tenant fee rule. |
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Section 8, Records & Right to Counsel in New Jersey
| Section 8 / source of income | Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. Except for publicly assisted housing, the LAD does not apply to renting a unit in a two-family home where the owner lives in the other unit, or renting rooms in an owner-occupied one-family home (N.J.S.A. 10:5-5, definition of "real property"). AG / Division on Civil Rights guidance: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/know-the-law/njlad/discrimination-in-housing/. Military/veteran housing allowances must also be counted as income (N.J.S.A. 46:8-51). |
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| Eviction record sealing | Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. Screening rule: 2A:42-147 (https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1307?f=templates$fn=document-frame.htm$3.0). Sealing is automatic by statute (no motion needed). Any court-rule-based masking of other landlord-tenant records was not verified. |
| Right to a lawyer in eviction | No statewide statutory right to counsel in eviction cases found. Municipal programs (e.g., Newark) and any state-funded legal services programs were not checked. |
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Mold, Pests, Heat & AC in New Jersey
| Mold | No statute — the implied warranty of habitability and state/local housing maintenance codes apply. New Jersey has no enacted mold disclosure, testing, or remediation standard for rentals. A proposed 'Mold Safe Housing Act' (S760, 2026 session) would add mold-response duties for landlords but was only introduced, not enacted, as of this date. Tenants may report hazardous conditions in buildings of three or more units to the state Bureau of Housing Inspection, and in smaller buildings to municipal code or health officials. |
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| Pests & bed bugs | In hotels and multiple dwellings (3+ units), the owner must eradicate insects, rats, or other pests when the infestation is in two or more units or in common areas, keep the building ratproof and free of infestation, and have qualified persons perform preventive pest procedures at least once a year (more often if infestation recurs). The state's Truth in Renting guide lists bed-bug information among the items a landlord should provide to tenants. For an infestation confined to a single unit, or in one- and two-unit buildings, responsibility is set by local codes and the lease, subject to the habitability warranty. The regulation is published in the N.J. Administrative Code; text verified on the Department of Community Affairs' copy (current through 2023 N.J. Register). Source: N.J.A.C. 5:10-10.2 |
| Heat | Yes, for buildings of three or more units: from October 1 to May 15, every unit and habitable room must be kept at least 68°F from 6:00 a.m. to 11:00 p.m. and at least 65°F from 11:00 p.m. to 6:00 a.m. The owner must supply the fuel or energy and keep the heating system in good operating condition, regardless of lease terms, unless the tenant agrees in writing to heat a unit served by its own separately billed heating equipment. The heating season end date was extended from May 1 to May 15 effective August 7, 2023 (R.2023 d.089). The owner is not responsible for temperature drops caused by occupants leaving windows or doors open. For one- and two-unit buildings, local ordinances govern heat. Source: N.J.A.C. 5:10-14.3, 5:10-14.4 |
| Air conditioning | No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning that was part of the original tenancy may be treated as a 'vital facility' whose failure affects habitability. The vital-facility treatment of air conditioning comes from Appellate Division case law described in the state's Truth in Renting guide, not from a statute. |
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Privacy, Guests & Animals in New Jersey
| Cameras & privacy | No landlord-specific camera statute. It is a crime to observe another person without consent, knowing one is not licensed or privileged to do so, where a reasonable person would know the person may expose intimate parts or engage in sexual activity and would not expect to be observed. The same statute separately criminalizes photographing, filming, or recording such a person and disclosing such images. In multiple dwellings, tenants must give the owner access for inspections and required repairs on reasonable notice, ordinarily one day, and immediately in safety or structural emergencies (N.J.A.C. 5:10-5.1(c)); otherwise entry is governed by the lease and the covenant of quiet enjoyment. Source: N.J.S.A. 2C:14-9 |
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| Guests & occupants | No statute — lease governs guests and occupants. Leases may set conditions of occupancy and restrictions on subletting or assignment. Evictions require 'good cause' under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1), so a lease occupancy violation is enforceable only through those grounds. Local occupancy codes and the Law Against Discrimination limit unreasonable occupancy restrictions. |
| Service & support animals (state law) | Under the Law Against Discrimination, a person with a disability, or who is blind or deaf, who has or obtains a service or guide dog is entitled to full and equal access to all housing and may not be charged extra for the dog; a no-pets lease clause does not apply to it, and the tenant is liable for damage the dog causes. Seniors in covered senior citizen housing projects (3+ units) may keep pets after written notice to the landlord. No state statute sets emotional support animal documentation rules or penalizes misrepresentation in housing. Emotional support animals are handled as reasonable-accommodation requests under the federal Fair Housing Act and the Law Against Discrimination. LAD violations can carry penalties of up to $10,000 for a first offense. |
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How eviction works in New Jersey
Eviction cases are heard in: Superior Court of New Jersey, Law Division, Special Civil Part (Landlord/Tenant Section).
- Notice: none for nonpayment; a notice to cease and/or notice to quit for other good causes (3 days to 3 years depending on the ground) (N.J.S.A. 2A:18-61.2)
- File a verified complaint with the Special Civil Part in the county where the property is located; tenant is served with summons
- Trial; tenant may stop a nonpayment case by paying the rent claimed plus costs to the clerk on or before final judgment (N.J.S.A. 2A:18-55)
- Judgment for possession; no warrant of removal may issue until 3 days after judgment (N.J.S.A. 2A:18-57)
- Court officer serves the warrant, which may not be executed before the third day after service, excluding weekends and court holidays, and only between 8 a.m. and 6 p.m. (N.J.S.A. 2A:42-10.16). In nonpayment cases the tenant has 3 business days after the warrant is posted or the lockout to pay all rent due (2A:42-10.16a)
- Removal by a court officer only; court keeps jurisdiction for 10 days after execution for tenant applications. A hardship stay of up to 6 months after judgment is available if the tenant pays all arrears and keeps paying (N.J.S.A. 2A:42-10.6)
Per NJ Courts, trial is set at least 21 days after the summons is served, and the tenant must appear (no written answer is required). Not re-verified against the court rule text.
Source: N.J.S.A. 2A:18-53 et seq., 2A:18-57, 2A:18-61.1 to -61.2, 2A:42-10.6, 2A:42-10.16, 2A:42-10.16a
What surprises people about New Jersey rental law
- Landlords need statutory 'good cause' to evict or refuse to renew most residential tenancies, even after the lease ends (N.J.S.A. 2A:18-61.1, 2A:18-61.3)
- Hardship stays of eviction are capped at 6 months after judgment and require paying all arrears and ongoing rent (N.J.S.A. 2A:42-10.6). Separately, terminally ill tenants of at least 2 years can get one-year stays in holdover cases (N.J.S.A. 2A:18-59.1). The DCA guide's 'one year' figure refers to that rule.
- Tenant can stop a nonpayment eviction by paying all rent due within 3 business days after the warrant is posted or the lockout. The landlord must accept the payment, including from a charity or rental-assistance program, and notify the court within 2 business days. Penalty up to $500 (N.J.S.A. 2A:42-10.16a, 46:8-49.3)
- Tenant who isn't given the required deposit notices or interest may apply the deposit plus 7% interest toward rent (N.J.S.A. 46:8-19(c))
- Fair Chance in Housing Act: landlords may not ask about criminal records before a conditional offer, and afterward may consider only listed convictions within set look-back periods, after an individualized assessment (N.J.S.A. 46:8-52 to -64, P.L.2021, c.110)
- Court records of nonpayment evictions from the COVID-19 emergency period (plus 60 days) are confidential, and landlords may not consider them when screening tenants. Penalty at least $1,000, then $5,000 (N.J.S.A. 2A:42-144 to -148, P.L.2021, c.189)
- Rental application fees are capped at $50, adjusted yearly for CPI from the January 1 after enactment. Does not apply to units in one- or two-family dwellings (N.J.S.A. 46:8-18.1, P.L.2025, c.405, approved 1/20/2026)
- FAIR Act (P.L.2026, c.43; N.J.S.A. 56:9-20 to -26), approved 7/20/2026 and effective the first day of the 12th month after enactment (July 1, 2027): makes it a violation of the NJ Antitrust Act for a landlord to pay for or use a service that sets or recommends rents, lease terms or occupancy using competitors' nonpublic data, or to engage in parallel pricing coordination; complaints go to the Attorney General
- Municipal rent control is allowed and common; there is no statewide cap (N.J.S.A. 2A:42-84.2)
Federal law that also applies in New Jersey
These federal rules apply on top of New Jersey law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in New Jersey
These cities add their own tenant protections on top of state law:
Eviction by county in New Jersey
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Hudson County (Jersey City)
- Eviction in Essex County (Newark)
- Eviction in Bergen County (Hackensack)
- Eviction in Middlesex County (New Brunswick)
- Eviction in Union County (Elizabeth)
- Eviction in Passaic County (Paterson)
- Eviction in Camden County (Camden)
- Eviction in Monmouth County (Freehold)
- Eviction in Mercer County (Trenton)
- Eviction in Morris County (Morristown)
- Eviction in Ocean County (Toms River)
- Eviction in Burlington County (Mount Holly)
- Eviction in Atlantic County (Atlantic City)
- Eviction in Somerset County (Somerville)
For landlords
How to evict a tenant in New Jersey — steps, cost, timeline and forms.
Common New Jersey questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How New Jersey compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| New Jersey | 1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. N.J.S.A. 46:8-21.2 | Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. N.J.S.A. 46:8-21.1 | No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3 |
| Delaware | 1 month's rent for leases of 1 year or more, and for month-to-month tenancies once they have lasted 1 year (excess must be credited back). No cap for furnished units or for the first year of a month-to-month tenancy. A separate pet deposit of up to 1 month's rent is allowed (none for a support animal). 25 Del. C. § 5514(a), (i) | 20 days after the lease expires or terminates. 25 Del. C. § 5514(e)-(f) | After the late-fee grace period (5 days after rent is due), landlord may serve a written demand giving the tenant at least 7 days to pay before filing for summary possession. If the tenant pays all rent due before the landlord files, the landlord cannot file on that nonpayment and cannot refuse the rent. 25 Del. C. § 5502(a), (c) |
| New York | One month's rent N.Y. Gen. Oblig. Law § 7-108(1-a)(a) | 14 days after the tenant vacates N.Y. Gen. Oblig. Law § 7-108(1-a)(e) | 14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d) |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) |
New Jersey landlord-tenant FAQ
How much can a landlord charge for a security deposit in New Jersey?
1.5 times one month's rent. Any additional security collected in a year may not exceed 10% of the current deposit. (N.J.S.A. 46:8-21.2)
How long does a landlord have to return a security deposit in New Jersey?
Within 30 days after the lease ends, by personal delivery or registered or certified mail: the deposit plus the tenant's share of interest, minus lawful charges. Within 5 business days if the tenant is displaced by fire, flood, condemnation, or evacuation (and the premises are posted or certified as described in the statute). Within 15 business days when a domestic-violence victim ends the lease under N.J.S.A. 46:8-9.6. (N.J.S.A. 46:8-21.1)
Does a landlord have to pay interest on a security deposit in New Jersey?
Required. Landlords with 10 or more rental units must invest the deposit in an insured NJ-based money market fund or a variable-rate insured NJ bank/S&L account. Smaller landlords must use an interest-bearing account at an insured NJ bank or S&L. Interest belongs to the tenant and is paid in cash or credited toward rent each year (on the lease renewal/anniversary, or on January 31 after written notice). The landlord must notify the tenant in writing (institution name and address, account type, interest rate, amount) within 30 days of receiving the deposit, within 30 days of moving it, at each annual interest payment, and within 30 days after a transfer of ownership. (N.J.S.A. 46:8-19)
Does a landlord in New Jersey have to give an itemized list of deposit deductions?
Interest and any deductions must be itemized and sent to the tenant by personal delivery or registered or certified mail within the same 30-day period. No deductions may be made from the deposit of a tenant who is still in possession. (N.J.S.A. 46:8-21.1)
What happens if a landlord in New Jersey wrongfully keeps a security deposit?
If the tenant wins a suit for the return of the deposit, the court must award double the amount due, plus full court costs. Reasonable attorney's fees are at the court's discretion. (N.J.S.A. 46:8-21.1)
How much notice does a landlord have to give before evicting for unpaid rent in New Jersey?
No notice to quit is required before filing for nonpayment of rent. The written notice requirement of N.J.S.A. 2A:18-61.2 expressly excludes nonpayment (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus accrued costs to the court clerk on or before entry of final judgment. After a warrant of removal is posted, or a lockout is carried out, for nonpayment, the tenant has 3 business days to pay all rent due. The landlord must accept that payment (cash, certified check, money order, or a rental-assistance program or charity) and the case is then dismissed. (N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:18-55, 2A:42-10.16a, 46:8-49.3)
How much notice is required to evict for a lease violation in New Jersey?
Disorderly conduct: a written notice to cease, then a 3-day notice to quit. Willful or grossly negligent damage to the premises: a 3-day notice to quit. Continued substantial violation of reasonable rules or lease covenants, or habitual late payment of rent: a written notice to cease, then a one-month notice to quit. Drug, assault, theft, or human-trafficking grounds: a 3-day notice. Notices must state the cause in detail and be served personally, at the residence on a family member over 14, or by certified mail (regular mail if the certified letter is not claimed). (N.J.S.A. 2A:18-61.1(b)-(e), (j), (n)-(r); 2A:18-61.2(a)-(b))
How much notice is needed to end a month-to-month lease in New Jersey?
Landlord: for most residential tenancies, the landlord cannot end a month-to-month tenancy, or refuse to renew any lease, without one of the statutory 'good cause' grounds. Exempt from good cause are owner-occupied premises with not more than two rental units, hotel/motel/guest-house units rented to transient or seasonal guests, and certain units held in trust for, or occupied by, an owner's immediate family member with a developmental disability. In those exempt units, the landlord ends a month-to-month tenancy with a one-month written notice to quit. Tenant: no statute sets a notice period for a tenant ending a month-to-month tenancy. (N.J.S.A. 2A:18-61.1, 2A:18-61.3; 2A:18-53(a), 2A:18-56(b); 2A:42-5)
Can a landlord enter without notice in New Jersey?
No statute. No N.J.S.A. provision sets a general notice period for landlord entry. State regulations for multiple dwellings (3+ units) require occupants to give the owner access for inspection and needed repairs on reasonable notice, which ordinarily is one day, and immediately in safety or structural emergencies. Other entry is governed by the lease. (N.J.A.C. 5:10-5.1(c) (regulation); no statute)
Is there a limit on late fees in New Jersey?
No general statutory cap was found. Senior citizens receiving Social Security old-age, Railroad Retirement, or other government pensions, and recipients of SSDI, SSI, or Work First New Jersey benefits, get a 5-business-day grace period when rent is due on the 1st. No late charge may be imposed for that period. (N.J.S.A. 2A:42-6.1 to -6.3)
Can a tenant repair and deduct from rent in New Jersey?
Allowed by case law, not statute. For defects in vital facilities, after giving the landlord notice and a reasonable time to repair, the tenant may make the repair and deduct the reasonable cost from rent. (Marini v. Ireland, 56 N.J. 130 (1970))
Can a tenant withhold rent for repairs in New Jersey?
Allowed by case law: if the landlord breaches the implied warranty of habitability (vital facilities), the tenant may withhold all or part of the rent and raise habitability as a defense or set-off in a nonpayment case. By statute, a tenant or public officer may also sue to have rents deposited into court and used to fix conditions in substantial violation of housing or health codes (lack of heat, running water, light, electricity, or sewage disposal, or other dangerous conditions), or to correct a wrongful diversion of utility service. (Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973); N.J.S.A. 2A:42-85 to -96 (rent receivership))
Can a landlord retaliate against a tenant for complaining in New Jersey?
A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. (N.J.S.A. 2A:42-10.10 to -10.13)
Is there rent control or a limit on rent increases in New Jersey?
No statewide rent control and no state preemption. Municipalities may adopt rent control or rent leveling ordinances. Multiple dwellings built after 1987 are exempt from municipal limits on periodic increases for the period of the initial mortgage amortization or 30 years from completion, whichever is less. Without initial mortgage financing, the exemption is 30 years. (N.J.S.A. 2A:42-84.2, 2A:42-84.5; municipal ordinances)
Can a landlord change the locks or shut off utilities in New Jersey?
Self-help eviction is illegal. A residence may be entered or retaken without the occupant's consent only through legal eviction process, and only a court officer may execute a warrant for possession. It is a disorderly persons offense, after a warning from police or another official, to take possession without a lawful warrant, including by changing or padlocking locks, removing belongings, or shutting off heat, electricity, water, or other vital services. A second offense within 5 years is a fourth-degree crime. A displaced tenant may re-enter with a police officer present. In a civil action, the tenant can recover possession, all damages, court costs, and reasonable attorney's fees, or treble damages if return to possession is not appropriate. (N.J.S.A. 2A:39-1, 2A:39-2, 2A:39-8; 2C:33-11.1; 2A:42-10.16)
What is the small claims court limit in New Jersey for a deposit dispute?
$5,000 in the Small Claims Section, including landlord-tenant claims for rent, return of a security deposit, or money damages, with any penalties (such as double damages) counted toward the limit, costs excluded. The Special Civil Part's general limit is $20,000. (N.J. Ct. R. 6:1-2(a)(1)-(2); N.J.S.A. 46:8-21.4)
What can a landlord do with a tenant's abandoned property in New Jersey?
A landlord may dispose of property a tenant left behind only if the landlord reasonably believes the tenant left it with no intent to claim it, and either a warrant for removal has been executed and possession returned, or the tenant gave written notice of voluntarily giving up possession. The landlord must first send written notice by certified mail (return receipt requested) or first-class mail with a certificate of mailing, to the tenant's last known address (which may be the unit) and any other known address, in an envelope marked 'Please Forward'. The notice must say the property is considered abandoned and must be removed by a stated date at least 30 days after delivery or 33 days after mailing, whichever comes first (75/78 days for manufactured or mobile homes); that otherwise the landlord may sell it, or destroy it if its value would not cover storage and sale costs; and that a residential tenant who claims it in time can take it without paying unpaid rent. The landlord must store the property with reasonable care and may charge reasonable storage costs, but may promptly discard perishable food and must let animal control or a humane society take abandoned pets. If the tenant says (in writing or orally) they will collect it but does not do so by the deadline or within 15 days after a written response, whichever is later, or does not respond at all, the property is conclusively abandoned. A sale must follow the UCC (12A:9-601 et seq.). (N.J.S.A. 2A:18-72 to 2A:18-84 (esp. 2A:18-72, -73, -74, -75, -76, -78))
Is there a limit on rental application fees in New Jersey?
Capped at $50. A landlord or agent may not require an application or similar fee above $50 to apply to lease or sublease a residential unit. The cap is adjusted each January 1 by the Division of Consumer Affairs in line with the regional CPI. Exempt: units in one- or two-family dwellings, and real estate licensees who are not the landlord. Violations carry penalties of up to $500 (first), $750 (second), and $1,000 (each later offense), enforced in the Special Civil Part on complaint of the Division of Consumer Affairs director or the Attorney General; the overcharge is refunded to the applicant from the penalty. (N.J.S.A. 46:8-18.1 (P.L.2025, c.405); 46:8-18.2)
What rental fees are banned or limited in New Jersey?
Limited. A landlord may not require rent or other lease payments to be made by electronic funds transfer, including automatic recurring transfers. If a lease lets the landlord recover attorney's fees or expenses (including as 'additional rent'), the law reads in a matching right for a tenant who wins to recover theirs, and the lease must state this in bold type. Application fees are capped (see application_fees). No statute found that caps move-in or convenience fees or requires all-in rent disclosure. (N.J.S.A. 46:8-49.1; 2A:18-61.66, 2A:18-61.67)
Can a domestic violence survivor break a lease in New Jersey?
Yes. A tenant may end a residential lease early by giving the landlord (a) written notice that the tenant or the tenant's child faces an imminent threat of serious physical harm from a named person if the tenant stays, and (b) one of: a certified copy of a permanent restraining order (NJ or another jurisdiction) protecting the tenant from that person; a law enforcement record documenting the domestic violence or certifying the tenant or child is a victim; medical documentation from a health care provider; a certification from a certified Domestic Violence Specialist or the director of a designated DV agency; or documentation from a licensed social worker. The termination takes effect 30 days after the landlord receives the notice (or earlier by agreement), with rent paid pro rata to that date. Co-tenants' lease also ends, though the landlord may offer them a new lease. The landlord must have the deposit plus interest, less lawful charges and rent owed, available for return within 15 business days. The landlord may not disclose the tenant's information except as the law allows. (N.J.S.A. 46:8-9.4 to 46:8-9.12 (esp. 46:8-9.6, 46:8-9.7); 46:8-21.1)
When can a tenant break a lease without penalty in New Jersey?
Death: a residential lease of one year or more may be ended after the death of the tenant or the tenant's spouse by written notice from the tenant, the estate's executor or administrator, or the surviving spouse (if the lease was signed jointly). Disability/senior: a lease of one year or more may be ended if (a) the tenant or spouse has a disabling illness or accident, with a treating physician's certification that they cannot work, proof of lost income, and proof that other benefits cannot cover the rent; (b) the tenant or spouse (one aged 62+) is accepted into assisted living, a nursing home, or a continuing care retirement community, with a physician's certification and proof of acceptance; (c) the tenant or spouse (one aged 62+) is accepted into low- or moderate-income housing; or (d) the unit is not accessible for a household member with a lasting disability and the landlord was asked to make it accessible at the landlord's cost but did not. In all these cases the termination takes effect on the 40th day after the landlord receives written notice, rent is due until then, and the unit must be vacated at least 5 working days before that 40th day. The death provision does not apply if the lease explicitly provides otherwise. (N.J.S.A. 46:8-9.1; 46:8-9.2)
Can an eviction record be sealed or removed in New Jersey?
Only for COVID-era nonpayment cases. Court records of landlord-tenant actions for nonpayment or habitual late payment of rent arising during the COVID-19 public health emergency (Executive Order 103 of 2020, as extended) plus 60 days are confidential and not available to the public. Landlords may not consider those records in tenant screening, and screening companies may not knowingly provide them. No general statute for sealing other eviction records was found. (N.J.S.A. 2A:42-144 to 2A:42-148 (P.L.2021, c.189))
Can a landlord refuse Section 8 vouchers in New Jersey?
Yes, statewide. The Law Against Discrimination bars refusing to rent because of the source of any lawful income or rent payment, including Section 8 and other federal, state or local vouchers and rental assistance, nonprofit rental assistance, disability and veterans' benefits, and court-ordered payments such as child support or alimony. Listings may not exclude these sources. Under amendments signed January 12, 2026 (effective immediately), a landlord may not refuse a lawful source of payment, and any minimum-income requirement or financial standard must be based only on the portion of the rent the tenant will pay. (N.J.S.A. 10:5-5(yy), 10:5-12(g)(4) (Law Against Discrimination), as amended by P.L.2025, c.251 (approved Jan. 12, 2026))
Do tenants have a right to a free lawyer in eviction cases in New Jersey?
No statewide statutory right to counsel in eviction cases found. (N.J.S.A. 2A:18, 2A:42 (section lists reviewed; no counsel provision))
What does a New Jersey notice to pay rent or quit have to include?
No notice to quit or pay-or-quit notice is required before filing a nonpayment case. The written-notice requirement for evictions expressly excludes nonpayment of rent (and failure to pay a valid rent increase). The tenant can stop the case by paying the rent claimed plus costs on or before final judgment, or within 3 business days after a warrant of removal is posted or a lockout occurs. (N.J.S.A. 2A:18-61.2; 2A:18-61.1(a), (f); 2A:18-55; 2A:42-10.16a)
What does a New Jersey notice to end a month-to-month tenancy have to include?
Most landlords cannot end a month-to-month tenancy without a statutory good cause; any notice to quit must state the cause in detail and give the notice period set for that ground (e.g., 3 days for disorderly conduct or damage after a notice to cease where required; one month for rule or lease violations, habitual late payment, or refused reasonable lease changes; 2, 3 months, 18 months or 3 years for certain owner-occupancy, conversion and retirement grounds). It must be served personally, left at the tenant's usual place of abode with a family member over 14, or sent by certified mail (and by regular mail if the certified letter is unclaimed). In units exempt from good-cause rules (e.g., owner-occupied buildings with two or fewer rental units), a month-to-month tenancy ends with a one-month notice to quit, which must be proven to the court; if it cannot be served normally, it may be served on an occupant or family member over 14 or posted on the door. (N.J.S.A. 2A:18-61.1, 2A:18-61.2; 2A:18-53, 2A:18-54, 2A:18-56(b))
What must a New Jersey security deposit itemization include?
Within 30 days after the lease ends, the landlord must return the deposit plus the tenant's share of interest, less charges allowed by the lease, by personal delivery or registered or certified mail. The interest and any deductions must be itemized, and the tenant (or, after a death termination, the executor, administrator or surviving spouse) notified by personal delivery or registered or certified mail. No deductions may be made while the tenant remains in possession. Shorter deadlines: 5 business days after displacement by fire, flood, condemnation or evacuation (with official posting or certification), and 15 business days after a domestic-violence termination; in those cases the money must be available on demand. (N.J.S.A. 46:8-21.1)
How long does a landlord have to sue for unpaid rent in New Jersey?
6 years for a contract claim, written or oral (express or implied, not under seal), including suits for unpaid rent or lease damages. (N.J.S.A. 2A:14-1(a))
Can a landlord accept rent during an eviction in New Jersey?
No statute says whether accepting rent after a notice waives an eviction for other grounds. By statute, in a nonpayment case the tenant can stop the eviction by paying the court clerk all rent claimed plus accrued costs at any time on or before entry of final judgment. (N.J.S.A. 2A:18-55)
Can you be evicted in the winter in New Jersey?
No statute found — the Anti-Eviction Act and summary dispossess statutes (N.J.S.A. 2A:18-53 et seq.) contain no winter or cold-weather bar on residential evictions. (N.J.S.A. 2A:18-61.1, 2A:18-61.2 (reviewed))
Can a landlord give notice by text or email in New Jersey?
Anti-Eviction Act notices (notice to cease and notice to quit) must state the cause in detail. They must be served by one of: (1) personal delivery to the tenant; (2) leaving a copy at the tenant's usual place of abode with a family member over age 14; or (3) certified mail, and if the certified letter is not claimed, regular mail. (N.J.S.A. 2A:18-61.2)
How much notice is required for a rent increase in New Jersey?
To evict for not paying a rent increase, the landlord must first serve a valid notice to quit and a notice of the increase. The increase must not be unconscionable and must comply with any municipal rent control ordinance. For a month-to-month tenancy, the notice to quit must be 1 month (one term for other periodic tenancies). Lease changes at renewal require written notice, and the changes must be reasonable. (N.J.S.A. 2A:18-61.1(f), (i); 2A:18-56(b)-(c))
Does a landlord have to give a copy of the lease in New Jersey?
In buildings with more than 2 units (more than 3 if owner-occupied), the landlord must give each new tenant the current DCA Truth in Renting Statement at or before signing the lease (penalty up to $100 per offense). Landlords must also give each tenant a written Landlord Identity registration statement. It names the owner, managing agent, emergency contact, an in-county agent for service of process, mortgage holders, and more. Amended statements must reach tenants within 7 days of filing. An unregistered landlord's eviction case is held for up to 90 days and then dismissed if the landlord has not complied. (N.J.S.A. 46:8-44 to -47 (Truth in Renting Act); 46:8-27 to -37, esp. 46:8-28, -28.2 (Landlord Identity Law))
What are tenants' rights in a foreclosure in New Jersey?
Foreclosure alone is not grounds to evict. The Anti-Eviction Act's good-cause rules bind the new owner. Within 10 business days after taking title through a sheriff's sale or deed in lieu, the new owner must give tenants a notice in English and Spanish. The notice says where to pay rent, that the tenant is protected by the Anti-Eviction Act, and gives the new owner's contact information. In buildings of 10 or fewer units, it must be posted on each unit door and sent by certified and regular mail. The foreclosing party and new owner may not pressure tenants to leave (except by a bona fide cash-for-keys offer, with a 5-business-day review period). Violations bring $2,000 per violation or other civil remedies at the tenant's choice. (N.J.S.A. 2A:50-70, 2A:50-71 (P.L.2009, c.296))
Does a landlord have to fix mold in New Jersey?
No statute — the implied warranty of habitability and state/local housing maintenance codes apply. New Jersey has no enacted mold disclosure, testing, or remediation standard for rentals. (Marini v. Ireland, 56 N.J. 130 (1970) (implied warranty of habitability); N.J.A.C. 5:10 (Regulations for Maintenance of Hotels and Multiple Dwellings))
Who pays for pest control and bed bugs in New Jersey?
In hotels and multiple dwellings (3+ units), the owner must eradicate insects, rats, or other pests when the infestation is in two or more units or in common areas, keep the building ratproof and free of infestation, and have qualified persons perform preventive pest procedures at least once a year (more often if infestation recurs). The state's Truth in Renting guide lists bed-bug information among the items a landlord should provide to tenants. (N.J.A.C. 5:10-10.2)
Does a landlord have to provide heat in New Jersey?
Yes, for buildings of three or more units: from October 1 to May 15, every unit and habitable room must be kept at least 68°F from 6:00 a.m. to 11:00 p.m. and at least 65°F from 11:00 p.m. to 6:00 a.m. The owner must supply the fuel or energy and keep the heating system in good operating condition, regardless of lease terms, unless the tenant agrees in writing to heat a unit served by its own separately billed heating equipment. (N.J.A.C. 5:10-14.3, 5:10-14.4)
Does a landlord have to provide air conditioning in New Jersey?
No state requirement to provide air conditioning or a maximum indoor temperature. Air conditioning that was part of the original tenancy may be treated as a 'vital facility' whose failure affects habitability. (Implied warranty of habitability (Marini v. Ireland, 56 N.J. 130 (1970)); N.J.A.C. 5:10 subchapter 14 (heat only))
What can a landlord deduct from a deposit for cleaning or damage in New Jersey?
Not defined by statute. Within 30 days after the tenancy ends the landlord must return the deposit plus interest, less deductions for damage beyond normal wear and tear and other money due under the lease, with an itemized list of deductions sent by personal delivery, registered, or certified mail. Tenants must return the unit in the condition received except for normal wear and tear and are responsible for damage from malicious or abnormal use. (N.J.S.A. 46:8-21.1)
Can a landlord put cameras in or around a rental in New Jersey?
No landlord-specific camera statute. It is a crime to observe another person without consent, knowing one is not licensed or privileged to do so, where a reasonable person would know the person may expose intimate parts or engage in sexual activity and would not expect to be observed. The same statute separately criminalizes photographing, filming, or recording such a person and disclosing such images. (N.J.S.A. 2C:14-9)
Can a landlord limit guests or roommates in New Jersey?
No statute — lease governs guests and occupants. Leases may set conditions of occupancy and restrictions on subletting or assignment. (N.J.S.A. 46:8-44 to -47 (Truth in Renting Act); lease)
Can a landlord deny a service or emotional support animal in New Jersey?
Under the Law Against Discrimination, a person with a disability, or who is blind or deaf, who has or obtains a service or guide dog is entitled to full and equal access to all housing and may not be charged extra for the dog; a no-pets lease clause does not apply to it, and the tenant is liable for damage the dog causes. Seniors in covered senior citizen housing projects (3+ units) may keep pets after written notice to the landlord. No state statute sets emotional support animal documentation rules or penalizes misrepresentation in housing. (N.J.S.A. 10:5-29.2; N.J.S.A. 2A:42-103 et seq. (Pets in Housing Projects))
Official resources for New Jersey
- NJ Legislature - Statutes database (Title 2A ch. 18/39/42; Title 46 ch. 8)
- NJ Legislature - Chapter Laws
- NJ DCA - Truth in Renting guide
- NJ Courts - Landlord/Tenant self-help
- NJ Courts - Rules of Court (R. 6:1-2)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.