New Jersey Mold, Pests, Heat & AC Rules
New Jersey rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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)
The rules 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. |
|---|---|
| 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. |
Related questions
- 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?
New Jersey vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| 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) | 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 | 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 |
| Delaware | No statute — general habitability/repair duty applies. Delaware has no mold disclosure or remediation law for rentals. The landlord must comply with all state and local housing codes, provide a unit that does not endanger the health, welfare or safety of tenants, and make all repairs needed to keep the unit in the condition it was, or should have been, at the start of the tenancy. 25 Del. C. § 5305(a)(1)-(2), (4) | Delaware has a bed-bug statute. Before renting, the landlord must visually inspect the unit for evidence of bed bugs and disclose if adjacent units are infested or being treated. After a report of a known or suspected infestation, the landlord must inspect or get a pest management professional to inspect within 120 hours, start professional remediation within 14 days of notice if bed bugs are found, inspect adjacent units within 5 days, notify affected tenants of the findings, and keep written records. The landlord pays for investigation and remediation if the tenant reports within 60 days of move-in or within 30 days of an infestation being found in an adjoining unit; for later reports the tenant shares reasonable remediation costs for the tenant's unit (except in public housing authority properties). Tenants may not knowingly bring in infested belongings. 25 Del. C. § 5317 | Only if the rental agreement says so: the landlord must supply (or arrange) water, hot water, heat and electricity when the lease so specifies. If the landlord substantially fails to provide heat, the tenant may, on written notice, procure substitute housing with rent abating, or keep two-thirds of the per-diem rent while heat is not supplied, among other remedies. State law sets no minimum indoor temperature. 25 Del. C. §§ 5305(b)(2), 5308 |
| New York | No statewide mold statute — the warranty of habitability applies. Every residential lease includes a non-waivable warranty that the premises are fit for human habitation and free of conditions dangerous, hazardous, or detrimental to life, health, or safety. N.Y. Real Prop. Law § 235-b | In multiple dwellings, the owner must keep the building and its lot, yards, and passages clean and free from vermin, dirt, filth, and garbage; tenants are answerable for conditions they cause. Failure to rid an apartment of an insect infestation is an example of a breach of the warranty of habitability. No statewide bed-bug disclosure statute. N.Y. Mult. Dwell. Law § 80; N.Y. Mult. Resid. Law § 174; N.Y. Real Prop. Law § 235-b | Yes, in multiple dwellings: from October 1 through May 31, the owner must heat all living areas to at least 68°F from 6 a.m. to 10 p.m. when it is below 55°F outside, and at least 55°F from 10 p.m. to 6 a.m. when it is below 40°F outside. Local regulations may require higher temperatures. N.Y. Mult. Dwell. Law § 79; N.Y. Mult. Resid. Law § 173 |
| Pennsylvania | No statute — Pennsylvania has no mold disclosure, remediation or exposure-standard law for rentals. Conditions such as mold are governed by the court-created implied warranty of habitability, which requires the landlord to keep the unit fit and habitable and to fix serious defects affecting safety or the ability to live there; the duty cannot be waived by the lease. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)), as described in the PA Attorney General's Consumer Guide to Tenant and Landlord Rights | No statute — no state bed-bug or pest law for rentals. The Attorney General lists rodent infestation as an example of an uninhabitable condition under the implied warranty of habitability; the tenant must notify the landlord and allow a reasonable opportunity to fix it. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C | No state statute sets a heat requirement or minimum temperature for rentals. Lack of heat in winter is treated as an uninhabitable condition under the implied warranty of habitability. Implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)); PA AG Consumer Guide, Part IV.C |
City rules that may add to state law
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New Jersey Mold, Pests, Heat & AC Rules FAQ
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))
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.