Key Takeaways:
Clear Disclosure Requirements: New Jersey landlords must provide specific disclosures—including nonrefundable fees, security deposit terms, and the Truth in Renting guide—to ensure transparency and compliance from the start of the lease.
Tenant and Landlord Rights & Responsibilities: State law protects tenants with rights to habitable housing, privacy, and anti-discrimination safeguards, while landlords retain rights to collect rent, enforce leases, and enter with notice—provided they uphold health, safety, and legal standards.
Strong Legal Protections and Remedies: New Jersey law allows tenants to withhold rent for unaddressed habitability issues, and both parties can pursue legal remedies in small claims court, highlighting the importance of proper documentation and professional property management.
New Jersey Rental Laws - An Overview of Landlord-Tenant Rights in New Jersey
Understanding the rental housing law in New Jersey is crucial to avoid unnecessary penalties. If you are renting a home to tenants, the state’s landlord-tenant laws offer a clear legal framework designed to protect both landlords and tenants.
If you're a rental property owner in New Jersey looking for support, visit our Why Hire Us page to learn how professional property management services can help you stay legally compliant and stress-free.
Required Landlord Disclosures in New Jersey
New Jersey law requires landlords to provide specific disclosures to tenants at the start of the lease. These disclosures aim to ensure transparency and protect renters from unfair treatment or unexpected fees.
Here's what landlords in the Garden State must disclose:
Nonrefundable Fees: New Jersey landlords must clearly state in writing any nonrefundable fees in the lease agreement. This includes the purpose of the fee and whether it’s part of the security deposit or a separate, non-returnable charge.
Security Deposit: Landlords may collect a security deposit of up to one and a half months’ rent. They must return the deposit within 30 days of the tenant vacating the property. If deductions are made, a written explanation must accompany the returned balance.
Rights of Domestic Violence Victims: Tenants who are victims of domestic violence can request to terminate a lease early by providing appropriate documentation, such as a restraining order or police report. This provision aims to protect tenants from ongoing danger and abuse.
Truth in Renting Act: Under New Jersey’s Truth in Renting Act, landlords of buildings with more than two rental units (excluding owner-occupied properties) must provide tenants with a Truth in Renting guide. This document, published by the New Jersey Department of Community Affairs, outlines tenant rights and responsibilities.
Owner or Agent Identity: The rental agreement must include the name and address of the person authorized to manage the property and accept legal notices, including the landlord or their agent.
Move-in Checklist: Although not strictly required by New Jersey law, providing a move-in checklist is a best practice. It protects both parties by documenting the condition of the property at the beginning of the lease.
New Jersey Tenant Rights and Responsibilities
Tenants in New Jersey enjoy several important protections under state law, aimed at promoting fair housing practices and maintaining safe, habitable living conditions.
These laws outline both tenant rights and landlord responsibilities, ensuring a balanced rental relationship. Under these protections, tenants have the right to:
Live in a safe and habitable home
Receive timely repairs for serious issues
Enjoy quiet enjoyment and privacy
Remain in the property until legally evicted
Receive proper notice before changes to the lease or rent amount
Be protected against discrimination and retaliation
At the same time, tenants also carry responsibilities:
Pay rent on time
Maintain the property in a clean and undamaged condition
Follow the terms of the lease agreement
Provide proper notice before moving out
Avoid disturbing neighbors or violating local ordinances
For a more detailed breakdown of tenant protections and obligations, explore our blog or contact us for expert property guidance.
New Jersey Landlord Rights and Responsibilities
Landlords in New Jersey have the legal right to:
Collect rent as agreed in the lease
Increase rent with proper notice (usually 30 days for month-to-month leases)
Enforce lease provisions
Pursue legal eviction for valid causes such as nonpayment or lease violations
Enter the rental unit for inspections, repairs, or emergencies with reasonable notice
However, with these rights come responsibilities. Landlords must:
Comply with New Jersey building, health, and safety codes
Provide habitable housing with functioning utilities, plumbing, and heat
Respect tenant privacy and provide reasonable notice before entry
Handle security deposits according to state law
Refrain from retaliation if a tenant exercises legal rights
An Overview of the Landlord-Tenant Laws in New Jersey
Let’s take a closer look at some of the key areas covered by New Jersey landlord-tenant law:
1. Tenant Privacy and Landlord’s Right to Enter
Landlords in New Jersey may enter a tenant’s home for inspections, repairs, or to show the unit to prospective renters.
Landlords must provide reasonable advance notice and may only enter at reasonable times. Exceptions include emergencies or abandonment of the property.
2. Condition, Maintenance, and Repairs
Landlords are legally obligated to maintain their rental properties in a condition fit for habitation. This includes providing:
Safe and secure locks
Functioning plumbing, electrical, and heating systems
Clean and vermin-free premises at move-in
Adequate hot and cold water
Weatherproofing for roofs and windows
Smoke and carbon monoxide detectors are in working order
Tenants can request repairs and may take further action if serious problems are ignored.
3. New Jersey Housing Discrimination Laws
Under the New Jersey Law Against Discrimination (LAD), it is unlawful to refuse to rent or discriminate against tenants based on:
Race or color
National origin
Religion
Gender or sexual orientation
Gender identity or expression
Marital or familial status
Disability
Source of lawful income (e.g., housing vouchers)
These protections supplement federal Fair Housing Act rules and are strongly enforced in New Jersey.
4. Security Deposits
As mentioned earlier, landlords may not request more than 1.5 times the monthly rent for a security deposit. They must return the deposit within 30 days after the tenant vacates, along with an itemized list of deductions if applicable. The deposit must be kept in an interest-bearing account, and the tenant is entitled to annual interest.
5. Required Landlord Disclosures
Landlords must give tenants all required disclosures at the start of the lease. This includes:
Disclosure of nonrefundable fees
Identity of the property manager or landlord
Truth in Renting booklet for applicable units
Security deposit terms
Failure to disclose required information may lead to legal penalties or invalidate parts of the lease.
6. Renters’ Rights to Withhold Rent
Tenants may withhold rent in New Jersey if the landlord fails to make essential repairs that affect the property’s habitability. Before doing so, tenants are encouraged to notify the landlord in writing and allow a reasonable period for repairs. Alternatively, they may pay for the repairs themselves and deduct the cost from rent—a remedy known as "repair and deduct."
7. Small Claims Lawsuits in New Jersey
Disputes over security deposits are a common issue in New Jersey. If a landlord fails to return the deposit or withholds funds unfairly, tenants can file a claim in small claims court. The maximum amount that can be claimed in small claims court in New Jersey is $5,000.
To avoid these situations altogether, consider working with a professional property management company. Visit our services page to learn how we help landlords manage tenant communication, repairs, and legal compliance smoothly.
Conclusion
Understanding and complying with New Jersey’s landlord-tenant laws is essential for maintaining a professional and lawful rental business. If you have specific legal questions about rental property in New Jersey, speak with a licensed attorney.
You can also partner with a knowledgeable property management company, to ensure your rental business operates smoothly and stays compliant with all relevant regulations. Contact PMI Prime Property for guidance on your property management needs or to learn more about how we can help you.
Disclaimer: This blog is for informational purposes only and should not be used as a substitute for legal advice from a licensed attorney in New Jersey. Laws may change, and this content may not reflect the latest updates.
