New Jersey Rental Laws
N.J.Stat. Ann. 46:8-1 to 46:8-50 and 2A:42-1 to 42-96
|Termination for Nonpayment Notice|
|No Notice Required before filing for eviction|
14-Day Notice for federally Subsidized Housing
If the tenant pays the rent and costs approved by the judge, they cannot be evicted.
|Termination for Lease Violation Notice|
1. Notice to cease. (Notice describing the lease violation and warning to stop or face eviction))
2. Notice to quit must be served on the tenant at least one calendar month before filing the eviction suit.
The Only Legal Grounds for Eviction (N.J.S.A. 2A:18-61.1)
|Small Claim Court Limit||New Jersey Small Claim Court Limit is $3,000; $5,000 if the demand is for security deposit|
|Handling Abandoned Property||2A:18-72 – Disposal of remaining personal property abandoned by tenant|
|Penalty for Self-Help Eviction||Self-help eviction is a criminal offense; penalty of up to six months in jail.|
2A:39-1 – Unlawful entry prohibited
|Tenant Withholding Rent for Repairs||The conditions that must be repaired must affect the tenant’s health or well-being. Before withholding rent for repairs, the tenant must give the landlord a proper notice by certified mail with a return receipt requested and allow for sufficient time to repair. The tenant can repair using licensed contractors at a reasonable cost, deduct from the next month’s rent and present a receipt to the landlord for the repairs.|
Marini v. Ireland, 56 N.J. 130 (1970).
|Required Disclosures||Truth in Renting Act|
|Security Deposit Rules||Security Deposit Amount: up to 1 1/2 months rent|
A separate escrow account required; disclosure of the bank’s name, type of account, current interest rate, and the amount of the deposit held. Landlords with 10 or more units must invest the deposit according to the statute 46:8-19. Security deposits; investment, deposit, disposition
Deadline to itemize and return of security deposit: 30 days
Exception from the Security Deposit Law
46:8-26. Application of act
The provisions of this act shall apply to all rental premises or units used for dwelling purposes
except owner-occupied premises with not more than two rental units where the tenant has failed
to provide 30 days written notice to the landlord invoking the provisions of this act.
SECURITY DEPOSIT LAW
N.J.S.A. 46:8-19 THROUGH 26
|Month-to-Month Notice||One month|
|Payment of Rent||Grace period of 5 Days|
2A:42-6.1. Grace period for payment of rent
|Rent Payment Increase||No statewide limits however many cities have a cap on Rent Payment Increases|
|One Day for buildings of three or more units|
2A:18-53 – Removal of tenant in certain cases; jurisdiction
2A:18-53. Removal of tenant in certain cases; jurisdiction
2A:18-53. Except for residential lessees and tenants included in section 2 of this act, any lessee or tenant at will or at sufferance, or for a part of a year, or for one or more years, of any houses, buildings, lands or tenements, and the assigns, undertenants or legal representatives of such tenant or lessee, may be removed from such premises by the Superior Court, Law Division, Special Civil Part in an action in the following cases:
a. Where such person holds over and continues in possession of all or any part of the demised premises after the expiration of his term, and after demand made and written notice given by the landlord or his agent, for delivery of possession thereof. The notice shall be served either personally upon the tenant or such person in possession by giving him a copy thereof or by leaving a copy of the same at his usual place of abode with a member of his family above the age of 14 years.
b. Where such person shall hold over after a default in the payment of rent, pursuant to the agreement under which the premises are held.
c. Where such person (1) shall be so disorderly as to destroy the peace and quiet of the landlord or the other tenants or occupants living in said house or the neighborhood, or (2) shall willfully destroy, damage or injure the premises, or (3) shall constantly violate the landlord’s rules and regulations governing said premises, provided, such rules have been accepted in writing by the tenant or are made a part of the lease; or (4) shall commit any breach or violation of any of the covenants or agreements in the nature thereof contained in the lease for the premises where a right of re-entry is reserved in the lease for a violation of such covenants or agreements, and shall hold over and continue in possession of the demised premises or any part thereof, after the landlord or his agent for that purpose has caused a written notice of the termination of said tenancy to be served upon said tenant, and a demand that said tenant remove from said premises within three days from the service of such notice. The notice shall specify the cause of the termination of the tenancy, and shall be served either personally upon the tenant or such person in possession by giving him a copy thereof, or by leaving a copy thereof at his usual place of abode with some member of his family above the age of 14 years.
2A:18-55 – Discontinuance upon payment into court of rent in arrears; receipt
2A:18-55. Discontinuance upon payment into court of rent in arrears; receipt
If, in actions instituted under paragraph “b” of section 2A:18-53 of this title, the tenant or person in possession of the demised premises shall at any time on or before entry of final judgment, pay to the clerk of the court the rent claimed to be in default, together with the accrued costs of the proceedings, all proceedings shall be stopped. The receipt of the clerk shall be evidence of such payment.
The clerk shall forthwith pay all moneys so received to the landlord, his agent or assigns.
L.1951 (1st SS), c.344.
2A:18-56 – Proof of notice to quit prerequisite to judgment
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph “a.” of section 2A:18-53 of this Title shall be ordered unless:
a. The tenancy, if a tenancy at will or from year to year, has been terminated by the giving of 3 months’ notice to quit, which notice shall be deemed to be sufficient; or
b. The tenancy, if a tenancy from month to month, has been terminated by the giving of 1 month’s notice to quit, which notice shall be deemed to be sufficient; or
c. The tenancy, if for a term other than at will, from year to year, or from month to month, has been terminated by the giving of one term’s notice to quit, which notice shall be deemed to be sufficient; and
d. It shall be shown to the satisfaction of the court by due proof that the notice herein required has been given.
L.1951 (1st SS), c.344; amended by L.1975, c. 136, s. 1, eff. July 7, 1975.
2A:18-72 – Disposal of remaining personal property abandoned by tenant
2A:18-72. Disposal of remaining personal property abandoned by tenant
1.A landlord of commercial or residential property, in the manner provided by P.L.1999, c.340 (C.2A:18-72 et al.), may dispose of any tangible goods, chattels, manufactured or mobile homes or other personal property left upon a premises by a tenant after giving notice as required by section 2 of P.L.1999, c.340 (C.2A:18-73), only if the landlord reasonably believes under all the circumstances that the tenant has left the property upon the premises with no intention of asserting any further claim to the premises or the property and:
a.A warrant for removal has been executed and possession of the premises has been restored to the landlord; or
b.The tenant has given written notice that he or she is voluntarily relinquishing possession of the premises.
The provisions of P.L.1999, c.340 (C.2A:18-72 et al.) shall not apply to the disposal of tenant property left on nonresidential rental property if there is a lease in effect which has been duly executed by all parties which contains specific terms and conditions for the disposal of tenant property.
L.1999,c.340,s.1; amended 2001, c.51.