New Jersey Residential Lease Agreement
A free New Jersey lease template, plus what New Jersey law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures New Jersey requires
| Truth in Renting Statement | The landlord must give each new tenant a copy of the current Truth in Renting Statement published by the Department of Community Affairs at or before the time the tenant signs the lease (and give existing tenants a copy within 30 days after a new version is posted). Penalty: up to $100 per offense. Applies to: Rentals of at least one month in buildings with more than 2 units, or more than 3 units if the landlord lives in one (not hotels, motels or guest houses for transient or seasonal guests) Source: N.J.S.A. 46:8-44 to 46:8-47 |
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| Flood risk notice | Before a lease is signed or renewed, the landlord must give the tenant a written Flood Risk notice on the DCA model form stating whether any part of the property is in a FEMA Special Flood Hazard Area (100-year floodplain) or Moderate Risk Flood Hazard Area (500-year floodplain), and whether the landlord actually knows of flood damage, water seepage or pooled water from a natural flood event at the premises or parking area (and how many times). The floodplain questions may not be answered 'unknown.' If the notice is part of a written residential lease, it must be a separate rider individually signed or acknowledged by the tenant, in at least 12-point type. If the landlord fails to disclose and the tenant later learns the property is in a flood hazard area, the tenant may end the lease by written notice and get prepaid rent back within 30 days. Applies to: Leases of at least one month, except buildings of 2 or fewer units, owner-occupied buildings of 3 or fewer units, transient hotels/guest houses and seasonal rentals under 120 days |
| Landlord identity registration statement | The landlord must give each tenant a written copy of the landlord registration statement and post it in the building. It must be dated and list the names and addresses of the owners (and owners of the rental business), corporate registered agent and officers, an in-county agent for service of process if the owner is not in the county, the managing agent, regular maintenance personnel, an emergency representative (with phone number), every recorded mortgage holder, and the fuel oil dealer and oil grade if the owner supplies oil heat. Tenants must be notified in writing within 7 days after an amended statement is filed. An unregistered landlord cannot get an eviction judgment until it complies. Applies to: All rental buildings except owner-occupied two-family homes |
| Security deposit bank notice | Within 30 days after receiving a security deposit, and at each annual interest payment, the landlord must tell the tenant in writing the name and address of the bank or investment company holding it, the deposit amount, the type of account and the current interest rate (and give notice within 30 days of any transfer to a new landlord or account). If not, the tenant may give written notice to apply the deposit plus 7% annual interest toward rent. Applies to: Leases with a security deposit (owner-occupied buildings of 3 or fewer units only if the tenant requests compliance in writing; not seasonal rentals of 125 days or less) Source: N.J.S.A. 46:8-19 |
| Private well test results | A landlord of property served by a private potable well must give each new tenant a written copy of the most recent well test results, and give tenants new results within 30 days of receiving them. Applies to: Rentals served by a private well Source: N.J.S.A. 58:12A-32 |
Terms New Jersey law requires or controls
| Flood insurance notice | Every residential lease must include a notice that flood insurance may be available to renters through FEMA's National Flood Insurance Program and that a standard renter's insurance policy does not typically cover flood damage. Applies to: Residential leases covered by N.J.S.A. 46:8-50 |
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| Window guard notice | The lease must contain a notice that, on the tenant's written request, the owner must provide, install and maintain window guards in a unit where a child 10 years old or younger lives. The landlord may charge no more than $20 per window guard. Applies to: Multiple dwellings, except seasonal rentals (May 1 to October 1), owner-occupied units, condominiums and co-ops |
| Reciprocal attorney's fees | If a residential lease lets the landlord recover attorney's fees or expenses (including as additional rent) when the tenant breaches, the law reads in a matching covenant: a tenant who successfully defends a landlord's action, or wins an action for the landlord's breach, recovers reasonable fees and expenses to the same extent. A tenant who simply pays all rent due before judgment in a nonpayment case, with no other meritorious defense, is not a successful party. Any waiver of this rule is void. Applies to: Residential leases with a landlord attorney's-fee clause Source: N.J.S.A. 2A:18-61.66 |
| Senior and disability grace period | When rent is due on the first of the month, the landlord must allow a 5-business-day grace period before any late charge. Violation is a disorderly persons offense. Applies to: Tenants receiving Social Security old-age or equivalent government pensions, Railroad Retirement, SSDI, SSI or Work First New Jersey benefits Source: N.J.S.A. 2A:42-6.1 to 2A:42-6.3 |
| Fees as additional rent | For late fees and attorney's fees to be treated as rent in an eviction (summary dispossess) case, the written lease must expressly allow them and define them as additional rent. Applies to: All residential leases |
Clauses that are void in New Jersey
| Deposit above 1.5 months' rent | Total security (including any prepaid last month's rent or pet deposit) may not exceed one and one-half times one month's rent, and any yearly increase may not exceed 10% of the current deposit. Applies to: Leases covered by the Security Deposit Act Source: N.J.S.A. 46:8-21.2 |
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| Waiver of reciprocal fee rights | Any lease waiver of the tenant's right to recover attorney's fees and expenses on the same terms as the landlord is void as against public policy. Applies to: Residential leases Source: N.J.S.A. 2A:18-61.66 |
| Clauses that violate tenants' legal rights | A lease provision that violates state statutes, local ordinances or regulations may be challenged by the tenant in the Special Civil Part of Superior Court, which can order it removed from the lease. Applies to: Leases covered by the Truth in Renting Act Source: N.J.S.A. 46:8-48 |
Format and delivery rules
| Bold reciprocal-fee statement | A lease clause letting the landlord recover attorney's fees or expenses must also contain, in bold type no smaller than 11 points or one point larger than the rest of the clause (whichever is larger): IF THE TENANT IS SUCCESSFUL IN ANY ACTION OR SUMMARY PROCEEDING ARISING OUT OF THIS LEASE, THE TENANT SHALL RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH FROM THE LANDLORD TO THE SAME EXTENT THE LANDLORD IS ENTITLED TO RECOVER ATTORNEY'S FEES OR EXPENSES, OR BOTH AS PROVIDED IN THIS LEASE. Applies to: Residential leases with a landlord attorney's-fee clause Source: N.J.S.A. 2A:18-61.67 |
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| Plain language | A written residential lease must be in plain language that an average person can understand (Plain Language Act). Applies to: Written residential leases Source: N.J.S.A. 56:12-2 |
| Flood notice rider format | A flood risk notice included in a written residential lease must be a separate rider individually signed or acknowledged by the tenant, in at least 12-point type. Applies to: Residential leases covered by N.J.S.A. 46:8-50 |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by New Jersey law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice New Jersey law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with New Jersey law (N.J.S.A. 2A:42-6.1 to -6.3).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the New Jersey limit (N.J.S.A. 46:8-21.2). Landlord will return it, minus lawful deductions with any required itemized list, within the time New Jersey law sets (N.J.S.A. 46:8-21.1).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice New Jersey law requires (N.J.A.C. 5:10-5.1(c) (regulation); no statute), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than New Jersey law requires.
14. Flood insurance notice. (Write this clause to meet New Jersey law: see "Flood insurance notice" above (N.J.S.A. 46:8-50(c) (P.L.2023, c.93)).)
15. Window guard notice. (Write this clause to meet New Jersey law: see "Window guard notice" above (N.J.A.C. 5:10-27.1(c)-(d); N.J.S.A. 55:13A-7.13).)
16. Reciprocal attorney's fees. (Write this clause to meet New Jersey law: see "Reciprocal attorney's fees" above (N.J.S.A. 2A:18-61.66).)
17. Senior and disability grace period. (Write this clause to meet New Jersey law: see "Senior and disability grace period" above (N.J.S.A. 2A:42-6.1 to 2A:42-6.3).)
18. Fees as additional rent. (Write this clause to meet New Jersey law: see "Fees as additional rent" above (Community Realty Mgmt. v. Harris, 155 N.J. 212 (1998) (as summarized by DCA)).)
19. Disclosures attached. Landlord has given Tenant these disclosures required by New Jersey law: Truth in Renting Statement; Flood risk notice; Landlord identity registration statement; Security deposit bank notice; Private well test results. [Attach each one.]
20. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
21. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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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.