New Jersey Landlord-Tenant Law Guide

Security deposits

Maximum amount

1½ months’ rent maximum, including any pet deposit and any prepaid or “last month’s” rent held as security (N.J.S.A. 46:8-21.2). After the first year, any yearly increase in the deposit may not exceed 10% of the current deposit. At lease signing you may collect no more than the first month’s rent plus 1½ months’ security. The Security Deposit Act does not cover owner-occupied buildings with two or three units unless the tenant asks in writing (the law then applies 30 days later) (N.J.S.A. 46:8-26).

Return deadline

30 days after the tenancy ends, by personal delivery, registered mail or certified mail, with interest and minus lawful deductions (N.J.S.A. 46:8-21.1). Within 5 business days if the tenant is displaced by fire, flood, condemnation or evacuation and an official has barred occupancy or certified the displacement will last more than 7 days; the landlord must tell the tenant where to collect it within 3 business days. If a tenant leaves early without legal cause, the 30 days start when the unit is re-rented or the lease ends, whichever comes first.

Itemized deduction requirements

Deductions are limited to damage beyond normal wear and tear and other money owed under the lease, and must be itemized and sent by registered or certified mail within 30 days. Nothing may be deducted while the tenant still lives in the unit. The deposit must sit in an interest-bearing account at an insured bank or savings institution located in New Jersey (landlords with 10 or more units may use certain New Jersey money market funds). Within 30 days of receiving it, and with each annual interest payment, tell the tenant in writing the institution’s name and address, the amount, the account type and the interest rate (N.J.S.A. 46:8-19). Interest belongs to the tenant and is paid or credited each year. A tenant who sues over a wrongfully withheld deposit can recover double the amount withheld plus court costs and attorney’s fees (N.J.S.A. 46:8-21.1).

Notice requirements

Entry notice

No statute sets a notice period for every rental. In buildings with 3 or more units, state housing rules require tenants to allow access for inspections, repairs and maintenance on reasonable notice, normally one day, and immediately in an emergency (N.J.A.C. 5:10-5.1). For other purposes, such as showings, entry should be addressed in the lease. Entering without consent or a court order can expose a landlord to liability.

Lease termination notice

A lease ending is not by itself grounds to remove a tenant. Most landlords may only end a tenancy or refuse to renew for one of the good causes in the Anti-Eviction Act, such as nonpayment, lease violations after a notice to cease, or refusal of reasonable new lease terms (N.J.S.A. 2A:18-61.1). Owner-occupied buildings with no more than 2 rental units are excluded. In those buildings, the landlord can end a tenancy at the end of its term with a written notice to quit: 1 month for month-to-month tenants and 3 months for yearly tenancies.

Rent increase notice

Rent cannot be raised during a lease term. To raise it, serve a written notice to quit and notice of rent increase that ends the current term and offers a new tenancy at the new rent, with at least one month’s notice (N.J.S.A. 2A:18-61.1(f)). The increase may not be unconscionable and must follow any local rent control ordinance.

Rent rules

Rent control

No statewide rent control for apartments and houses. Many municipalities, including Jersey City, have their own rent control or rent leveling ordinances enforced by local boards. Newly built multiple dwellings can be exempt from local rent increase limits for up to 30 years if the owner made the filing with the municipal construction official that the law requires (N.J.S.A. 2A:42-84.1 et seq.). Separately, rent increases on covered manufactured home park sites are capped at 3.5% over 12 months (P.L.2025, c.85, in force since March 2026). From July 1, 2027, the FAIR Act bars setting rents with software that pools competitors’ nonpublic leasing data (P.L.2026, c.43).

Late fee regulations

No statewide cap. A late fee must be clearly stated in the lease, and it only counts as additional rent in an eviction case if the written lease says so. Tenants who receive Social Security old-age or disability benefits, SSI, a railroad or other government pension in place of Social Security, or Work First New Jersey benefits get a 5-business-day grace period before any late fee when rent is due on the 1st (N.J.S.A. 2A:42-6.1 to -6.3). Charging a late fee during that period is a disorderly persons offense. Local rent control ordinances may also limit fees.

Payment methods

No statute requires a specific payment method; the lease governs. Rental application fees are capped at $50 (adjusted for inflation each January), except for units in one- and two-family dwellings (N.J.S.A. 46:8-18.1, effective May 1, 2026). Refusing a tenant because rent will be paid by a voucher or other lawful source of income is illegal under the Law Against Discrimination (N.J.S.A. 10:5-12). In a nonpayment case, a landlord must accept full payment of rent owed plus costs, including payment from a rental assistance program or charity.

Eviction process

Notice to quit / cure period

Nonpayment of rent: no notice to quit is required before filing (federally subsidized housing has its own notice rules). Most other causes require a written notice to cease, then a notice to quit (N.J.S.A. 2A:18-61.2): 3 days for disorderly conduct or willful damage; 1 month for continued rule or lease violations, habitual late payment, refusing a lawful rent increase, or refusing reasonable lease changes; 2 months when an owner of a building with 3 or fewer units will move in or sell to a buyer who will; 3 months for code-related removals; 18 months to retire a building from residential use; 3 years for condominium conversion.

Court filing

Verified complaint filed with the Landlord/Tenant Section of the Superior Court, Special Civil Part, in the county where the property is located. The fee is $50 for one defendant plus $5 for each additional defendant and a $7 service fee. The landlord must file a Landlord Case Information Statement and a certification of the lease and the landlord registration statement. If the landlord is not properly registered, the court holds the case for up to 90 days and then dismisses it (N.J.S.A. 46:8-27 to -37). The trial is set at least 21 days after the summons is served, and the parties usually meet with court settlement staff first. LLCs and corporations must use a New Jersey attorney.

Estimated timeline

Usually 5 weeks or more from filing for an uncontested nonpayment case: at least 21 days to trial, a warrant of removal no sooner than 3 business days after judgment, and a lockout no sooner than 3 business days after the warrant is served. In a nonpayment case, the tenant can stop the eviction by paying all rent owed plus costs up to 3 business days after the lockout. Contested cases and hardship stays can add months. Only a court officer may carry out a lockout.

Maintenance & habitability

Implied warranty of habitability

Yes. Every residential lease carries an implied warranty of habitability (Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973)). Buildings with 3 or more units must meet the state multiple dwelling regulations (N.J.A.C. 5:10), including heat of at least 68°F from 6 a.m. to 11 p.m. and 65°F overnight from October 1 to May 1 when the landlord supplies heat. These buildings are registered with and inspected by the state Bureau of Housing Inspection. Smaller buildings follow local codes.

Repair response requirements

No single statewide deadline. Repairs to vital facilities must be made within a reasonable time after notice. Reports of deteriorated paint in pre-1978 multiple dwellings must be addressed within 30 days, or within one week if a pregnant woman or child under 6 lives in the unit or the problem is in a common area (N.J.A.C. 5:10-6.6). Pre-1978 rentals must pass a lead-based paint inspection at tenant turnover or every 3 years, whichever comes first, unless exempt or covered by a valid 2-year lead-safe certificate. The first inspection deadline was July 22, 2024 (P.L.2021, c.182; N.J.A.C. 5:28A). Penalties can reach $1,000 per week after a 30-day cure period.

Tenant remedies

After notice and a reasonable time to fix a defect in a vital facility, tenants may repair and deduct the cost from rent (Marini v. Ireland), withhold all or part of the rent, or seek a rent abatement. To raise habitability as a defense in a nonpayment case, the tenant must usually deposit the rent with the court. Tenants may also seek rent receivership (N.J.S.A. 2A:42-85 et seq.), claim constructive eviction and move out, or file complaints with the Bureau of Housing Inspection or local code officials. Retaliation for complaints is illegal (N.J.S.A. 2A:42-10.10).

Lease requirements

Required disclosures

• Lead-based paint disclosure and EPA pamphlet (pre-1978 buildings)
• DCA Truth in Renting statement at or before lease signing, for buildings with 3 or more units (4 or more if owner-occupied) (N.J.S.A. 46:8-44 to -46)
• Flood risk notice on the DCA form before signing or renewing any lease, as a separate rider in 12-point type; seasonal rentals under 120 days are exempt (N.J.S.A. 46:8-50, since March 2024)
• Lead in Drinking Water Disclosure before signing or renewing a lease, for buildings constructed in 1986 or earlier unless the water system has found the service line is not lead; required 90 days after DCA published its model form in 2026 (N.J.S.A. 58:12A-12.3c, P.L.2025, c.144)
• Written notice within 30 days of receiving the deposit stating the bank, amount, account type and interest rate (N.J.S.A. 46:8-19)
• Copy of the landlord registration statement to each tenant, also posted in buildings with 3 or more units (N.J.S.A. 46:8-27 to -37)
• Window guard notice in the lease for multiple dwellings, with a written notice twice a year (N.J.A.C. 5:10-27.1)
• Most recent private well test results, if the property uses a private well (N.J.S.A. 58:12A-32)

Lease term requirements

Leases may be written or oral, and written leases must be in plain language (N.J.S.A. 56:12-2). A lease that ends without renewal becomes a month-to-month tenancy (N.J.S.A. 46:8-10). Before signing, landlords may not ask about criminal history until after a conditional offer, and may then consider only certain convictions within set lookback periods (Fair Chance in Housing Act, N.J.S.A. 46:8-52 et seq.; owner-occupied buildings with 4 or fewer units are exempt). Owners of rental units must carry at least $500,000 in liability insurance ($300,000 for an owner-occupied building with 4 or fewer units) and register the certificate with the municipality each year (P.L.2022, c.92).

Required clauses

No standard lease form is required. Late fees and attorney’s fees can only be collected as additional rent in an eviction case if the written lease says so. Tenants may ask a court to strike lease terms that violate state law or local ordinances (N.J.S.A. 46:8-48). Non-owner-occupied 1- and 2-unit rentals register with the municipal clerk, and buildings with 3 or more units register with the DCA Bureau of Housing Inspection.

City rules in New Jersey

Jersey City Landlord Rules

In Jersey City’s rent-controlled buildings (5 or more units), renewal increases are capped at the lesser of 4% or the CPI change, and buildings with 4 or fewer units are exempt. Non-owner-occupied 1–4 unit properties and buildings with 5 or more units file annual registrations with the Office of Landlord/Tenant Relations.

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