New Jersey landlord tenant law: the rules a landlord meets

New Jersey security deposit law

Most you can take

1.5 months’ rentN.J.S.A. 46:8-21.2Any yearly increase in the deposit is limited to 10% of the current deposit.

Back to the tenant within

30 daysN.J.S.A. 46:8-21.1Five business days if the tenant is displaced by fire, flood, condemnation or evacuation.

Rent and late fees

Late fee

No statute caps itNo statute sets this

New Jersey rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedN.J. Stat. Ann. § 2A:18-61.1(f)No statute sets a number of days. An increase takes effect only after a written notice to quit and notice of the increase that ends the current term, must not be unconscionable, and must follow any municipal rent control ordinance, which many New Jersey towns have.

Rent control

Local rent control allowedN.J. Stat. Ann. § 2A:18-61.1(f)

Entering the property: notice to the tenant

Notice before you enter

Reasonable noticeN.J.A.C. 5:10 (Regulations for the Maintenance of Hotels and Multiple Dwellings)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysN.J.S.A. 2A:18-61.1NJ: no-cause termination is not allowed under the Anti-Eviction Act, N.J.S.A. 2A:18-61.1. A landlord may end a tenancy only for a listed good cause, with the notice that cause requires. One month's notice applies only to exempt owner-occupied buildings of two or fewer units.

Unpaid rent

Could not be confirmedN.J. Stat. Ann. §§ 2A:18-61.1(a), 2A:18-61.2, 2A:18-55“no notice required before filing for nonpayment”Paying in full within the period stops itThe Anti-Eviction Act requires no notice to quit before filing for unpaid rent, except in federally subsidized housing which needs 14 days. Paying the rent claimed plus costs to the court clerk at any time before final judgment stops the case.

Another breach of the lease

Could not be confirmedN.J. Stat. Ann. §§ 2A:18-61.1(b)-(e), 2A:18-61.2(a)-(b)“notice to cease, then notice to quit”The tenant can fix the breach within the periodThe tenant must first get a written notice to cease, with a reasonable time to stop, and only a continued breach supports a notice to quit served one month before filing. Disorderly conduct and damage to the premises need only 3 days' notice to quit.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsN.J. Stat. Ann. § 2A:39-1

The New Jersey eviction process, step by step

Disclosures a New Jersey lease has to carry

• In buildings with more than two units (more than three if owner-occupied), the landlord must give the DCA Truth in Renting statement to each new tenant at or before lease signing. (N.J.S.A. 46:8-46)
• Before signing or renewal, the landlord must give the DCA Flood Risk Notice as a separate, acknowledged rider in 12-point type. It says whether the property is in a FEMA 100- or 500-year floodplain and whether the landlord knows of past flooding. (N.J.S.A. 46:8-50)
• Within 30 days of receiving a deposit, the landlord must notify the tenant in writing of the bank's name and address, the account type, the interest rate and the amount deposited. (N.J.S.A. 46:8-19)
• In multiple dwellings, the landlord must tell tenants of their right to have child-protection window guards installed. (N.J.A.C. 5:10-27.1(c))