At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1.5 months' rent | Applies to all residential tenancies |
| Rent control? | No statewide law | Many municipalities have local rent control ordinances |
| Required notice to raise rent? | 30 days | Written notice required before increase takes effect |
| Lease required in writing? | Yes, for leases > 1 year | Month-to-month can be oral |
| Landlord entry notice? | No statute | Reasonable notice expected; typically 24 hours |
Security Deposits
New Jersey limits security deposits to one and one-half months' rent. The deposit must be placed in an interest-bearing account at a New Jersey bank or invested in a money market fund. Landlords must notify the tenant in writing of the name and address of the bank and the amount of the deposit within 30 days of receiving it.
Interest or investment earnings must be paid to the tenant annually, either as a direct payment or as a credit toward rent.
Landlords must return the deposit within 30 days of the tenant vacating the unit. In cases of fire, flood, condemnation, or evacuation, the deposit must be returned within 5 business days.
Eviction Procedures
New Jersey has some of the strongest tenant protections in the nation. Under the Anti-Eviction Act, landlords must demonstrate just cause to evict any residential tenant. Self-help evictions are illegal.
Just Cause Requirements
New Jersey landlords may only evict a tenant for one of the statutorily defined just causes, including:
- Nonpayment of rent: Landlord must provide a written demand for payment; tenant has 30 days to pay
- Habitual late payment: A pattern of consistently late rent payments
- Disorderly conduct: Behavior that destroys the peace and quiet of other tenants or the landlord
- Damage to premises: Willful or negligent destruction of the property
- Lease violations: Substantial breach of the rental agreement after written notice
- Owner occupancy: Landlord or immediate family member intends to personally occupy the unit
- Condominium conversion: After proper notice and compliance with the Planned Real Estate Development Full Disclosure Act
Notice Requirements
- 30-Day Notice: For nonpayment of rent (after demand for payment)
- 3-Day Notice: For disorderly conduct or destruction of property
- Notice to Cease: Required before eviction for habitual late payment or lease violations
- 18-Month Notice: For condominium conversions affecting senior or disabled tenants
Rent Control
New Jersey does not have a statewide rent control law. However, many municipalities throughout the state have enacted their own local rent control ordinances. These local laws vary significantly but generally limit the percentage by which landlords can raise rent each year.
Municipalities with rent control ordinances include, among others, Jersey City, Newark, Fort Lee, East Orange, and Hoboken. Tenants should check with their local government for specific rent increase limitations.
For areas without local rent control, landlords may raise rent by any amount with proper 30 days' written notice.
Lease Agreements
New Jersey does not require a written lease for tenancies of one year or less. However, any lease for longer than one year must be in writing to be enforceable. A written lease is strongly recommended to protect the rights of both parties.
Required Disclosures
New Jersey landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Flood zone: Whether the property is located in a flood zone
- Truth in Renting: A copy of the DCA's "Truth in Renting" statement must be provided to tenants in buildings with three or more units
- Security deposit information: Name and address of the bank holding the deposit, and the amount of the deposit
- Window guards: In buildings with three or more units, tenants with children under 10 must be notified of their right to request window guards
cite: N.J. Stat. § 46:8-44 – § 46:8-50
Tenant Rights
New Jersey provides broad protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, complying with all applicable building and housing codes
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, including reporting code violations or organizing tenant groups
- Discrimination protection: The New Jersey Law Against Discrimination prohibits discrimination based on race, color, national origin, religion, sex, familial status, disability, marital status, sexual orientation, gender identity, and source of lawful income
- Right to privacy: Although no specific statute sets a notice period, landlords are expected to provide reasonable notice (typically 24 hours) before entering a tenant's unit
- Just cause eviction: Tenants cannot be evicted without one of the enumerated just causes under the Anti-Eviction Act
- Rent withholding: Tenants may withhold rent if the landlord fails to maintain the property in habitable condition, after proper notice