New Jersey Residential Lease Agreement

A lease that works in the State of New Jersey has to respect the New Jersey Anti-Eviction Act: a security deposit capped at one and one-half months' rent, accounted for within 30 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a New Jersey tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

New Jersey rental law at a glance

Each row is the rule Landy applies when it builds a New Jersey lease. The citation is printed in the finished document too, so a tenant can check it.

New Jersey landlord-tenant rules with statutory citations
RuleNew JerseyCitation
Security deposit limitone and one-half months' rentSecurity deposit may not exceed one and one-half months' rent.N.J. Stat. § 46:8-21.2
Deposit return deadline30 daysLandlord must return the deposit with interest, or an itemized statement, within 30 days after the tenancy ends.N.J. Stat. § 46:8-21.1
Interest on depositsRequiredNew Jersey requires landlords to hold deposits in an interest-bearing account and pay the interest to the tenant.N.J. Stat. § 46:8-19
Late fee limitNo statutory limitNew Jersey sets no general statutory late-fee cap, but senior citizens receiving certain benefits get a 5-day grace period.N.J. Stat. § 2A:42-6.1
Grace period before rent is lateNo statutory grace periodNew Jersey sets no general statutory grace period, though one applies to certain senior tenants.N.J. Stat. § 2A:42-6.1
Notice to pay or quitNo fixed statutory periodNew Jersey does not require advance notice to file for nonpayment of rent; Landy's lease provides notice by agreement.N.J. Stat. § 2A:18-61.2
Time to cure a lease violation30 daysTenant generally receives a notice to cease followed by a notice to quit for lease violations under the Anti-Eviction Act.N.J. Stat. § 2A:18-61.1
Ending a month-to-month tenancy30 days' noticeLandlord must give at least one month's notice and must have good cause under the Anti-Eviction Act to end most tenancies.N.J. Stat. § 2A:18-61.2
Notice before landlord entry24 hoursNew Jersey has no entry-notice statute of general application; Landy's lease sets a 24-hour notice period by agreement.No statute on point

Disclosures a New Jersey lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

  • Lead-Based Paint Disclosure

    Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.

    42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

  • Flood Risk Disclosure

    Landlord discloses whether the dwelling is located in the FEMA Special Flood Hazard Area or Moderate Risk Flood Hazard Area, and whether the property has experienced flood damage.

    N.J. Stat. § 46:8-50

  • Truth in Renting Statement

    Landlord has provided Tenant with a copy of the Truth in Renting statement published by the New Jersey Department of Community Affairs, as required for buildings with three or more units.

    N.J. Stat. § 46:8-45

  • Window Guard Notice

    WINDOW GUARDS: The owner is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time.

    N.J.A.C. 5:10-27.1

If things go wrong in New Jersey

Where eviction is filed

Superior Court, Special Civil Part, as a summary dispossess action.

Governing law

New Jersey Anti-Eviction Act, cited from the New Jersey Statutes.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

New Jersey lease questions, answered

How much can a landlord charge for a security deposit in New Jersey?
Security deposit may not exceed one and one-half months' rent. (N.J. Stat. § 46:8-21.2) The deposit must be accounted for within 30 days after the tenancy ends (N.J. Stat. § 46:8-21.1).
Is there a limit on late fees in New Jersey?
New Jersey sets no general statutory late-fee cap, but senior citizens receiving certain benefits get a 5-day grace period. (N.J. Stat. § 2A:42-6.1)
How much notice must a landlord give before entering a rental in New Jersey?
New Jersey has no entry-notice statute of general application; Landy's lease sets a 24-hour notice period by agreement.
How do you end a month-to-month tenancy in New Jersey?
Landlord must give at least one month's notice and must have good cause under the Anti-Eviction Act to end most tenancies. (N.J. Stat. § 2A:18-61.2)
What happens if a tenant does not pay rent in New Jersey?
New Jersey does not require advance notice to file for nonpayment of rent; Landy's lease provides notice by agreement. An eviction is filed as a summary dispossess action in Superior Court, Special Civil Part. A landlord may never remove a tenant without a court order.
Does a residential lease have to be in writing in New Jersey?
A written lease is not always legally required, but it is what makes the terms enforceable and provable. New Jersey tenancies are governed by the New Jersey Anti-Eviction Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to New Jersey with the statutory citations printed in it.

Build a New Jersey lease with these rules already in it.

Answer questions in plain English. Landy writes the New Jersey lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes New Jersey law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed New Jersey attorney review your lease before you rely on it.