NJ
New Jersey Landlord-Tenant Laws
Security Deposit Amount Limits
N.J.S.A. § 46:8-21.2
💰 Limits
- Maximum: 1.5 months' rent
- Annual Increase: Up to 10% of current deposit per year
- Total Cap: Total can never exceed 1.5 months' rent
- Includes: Includes any 'last month's rent,' 'pet deposit,' or other advance held as security
✅ Key Requirements
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- Maximum deposit is 1.5 times the monthly rent
- Landlord may increase deposit annually by up to 10% of current deposit amount
- Total deposit can never exceed 1.5 months' rent regardless of increases
- 'Last month's rent' paid in advance counts toward the deposit limit
- 'Pet deposits' also count toward the 1.5 month limit
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Security Deposit Holding Requirements
N.J.S.A. § 46:8-19
✅ Key Requirements
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- Deposit remains the property of the tenant — held in trust
- Cannot be mingled with landlord's personal funds
- Must be in an interest-bearing account or money market fund in NJ
- Written notice of deposit location required within 30 days
- Annual notice of bank info and interest rate required
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Security Deposit Interest Payments
N.J.S.A. § 46:8-19(c)
✅ Key Requirements
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- Interest belongs to the tenant, not the landlord
- Must be paid annually — on lease anniversary or January 31
- Can be paid in cash or credited toward rent
- Tenant may need to complete an IRS W-9 form
- If landlord fails to pay interest, tenant can apply deposit + 7% per year toward rent
Security Deposit Return Timeline
N.J.S.A. § 46:8-21.1
⏰ Timeline
- 30 days after lease termination
- 5 business days if tenant displaced by fire, flood, condemnation, or evacuation
- 15 days if lease terminated due to domestic violence
✅ Key Requirements
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- 30 days to return deposit plus accrued interest after lease ends
- Must include itemized list of any deductions
- Deduction notice must be sent by personal delivery, registered, or certified mail
- 5 business days if tenant displaced by fire, flood, or evacuation
- 15 days for domestic violence lease terminations
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Permitted Deductions from Security Deposit
N.J.S.A. § 46:8-21.1
✅ Key Requirements
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- Deductions must be itemized in writing
- Itemized list must be delivered by personal delivery, registered, or certified mail
- Deductions must be reasonable and reflect actual costs
- No cap on deduction amount if justified by actual damage
- Landlord can seek additional damages beyond deposit if costs exceed deposit
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Tenant Remedies for Deposit Violations
N.J.S.A. § 46:8-21.1
✅ Key Requirements
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- Tenant can sue for double the wrongfully withheld deposit
- Court costs and attorney's fees may be awarded
- Small Claims for disputes under $5,000
- Special Civil Part for disputes $5,000–$10,000
- Owner-occupied (2 or fewer units): written demand required first
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Eviction for Non-Payment of Rent
N.J.S.A. § 2A:18-61.1(a)
✅ Key Requirements
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- No notice to quit required for non-payment of rent
- 5 business day grace period for qualifying seniors and disabled tenants
- Tenant can cure by paying all owed rent and costs within 3 business days of judgment
- Only a Special Civil Part officer can physically evict a tenant
- Business entities (LLC, corp) must be represented by an attorney
Eviction for Habitual Late Rent Payment
N.J.S.A. § 2A:18-61.1(j)
✅ Key Requirements
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- Must prove a pattern of habitual late payments — not just 1-2 instances
- Two separate Notices to Cease required, each after a late payment
- 30 days between each Notice to Cease
- Notice to Quit with 1 month notice required after second Notice to Cease
- Courts evaluate 'all facts and circumstances' — mechanical counting alone is insufficient
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Eviction for Lease Violations
N.J.S.A. § 2A:18-61.1(b)–(e)
✅ Key Requirements
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- Notice to Cease must be specific and detailed about the complained-of conduct
- Must give tenant 'reasonable time' to cure (no specific number of days in statute)
- Notice to Quit must specify in detail the cause of termination
- Notice to Quit served by personal service, to family member 14+, or by certified/regular mail
- 3 days notice for disorderly conduct, damage, or criminal activity
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Anti-Eviction Act (Just Cause Requirement)
N.J.S.A. § 2A:18-61.1 et seq.
✅ Key Requirements
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- Landlord cannot evict a residential tenant without establishing 'just cause' under the Anti-Eviction Act
- A lease expiration alone is not grounds for eviction — tenants have the right to remain
- Month-to-month tenants have the same just cause protections as lease-holding tenants
- Just cause grounds include: nonpayment of rent, disorderly conduct, willful property damage, rule/lease violations (after Notice to Cease), habitual late payment, criminal activity, and others
- Landlord/owner may also evict to personally occupy the unit (3 or fewer units), convert to condo/co-op, or demolish for health/safety
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Illegal Eviction (Self-Help Prohibited)
N.J.S.A. § 2A:18-61.6
✅ Key Requirements
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- Only a Special Civil Part officer with a warrant of removal can evict
- Landlord must first obtain a judgment for possession from the court
- Self-help eviction is both a civil wrong and potentially criminal
- Tenant can seek both re-entry and monetary damages
- $2,000 per violation penalty plus attorney's fees available in some circumstances
Landlord Maintenance Obligations (Warranty of Habitability)
Marini v. Ireland, 56 N.J. 130 (1970); N.J.A.C. § 5:10 (Hotel and Multiple Dwelling Code)
✅ Key Requirements
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- Warranty of habitability applies to all leases — written or oral
- Landlord must repair 'vital facilities' — toilet, water, heat, electricity, locks, windows
- Cannot be waived by lease provision
- Cosmetic issues (stained carpet, broken doorbell) generally do not breach the warranty
- Buildings with 3+ units must comply with NJ Hotel and Multiple Dwelling Code
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Tenant Remedies When Repairs Not Made
Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973)
✅ Key Requirements
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- Tenant must notify landlord in writing (certified mail recommended) before using self-help remedies
- Must give landlord reasonable time to make repairs
- Repair and deduct applies only to 'vital facilities' — not cosmetic issues
- Withheld rent should be saved — court may require payment
- Landlord cannot retaliate against tenant for exercising these rights
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Tenant Obligations
Common law; N.J.A.C. § 5:10 (Hotel and Multiple Dwelling Code)
✅ Key Requirements
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- Tenant must pay rent on time as specified in the lease
- Tenant must keep the unit clean and sanitary
- Tenant must return the property in the same condition as received, minus normal wear and tear
- Tenant must not willfully or negligently damage the premises
- Tenant must comply with all reasonable lease terms and rules
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Retaliation (Reprisal) Protections
N.J.S.A. § 2A:42-10.10 through 10.14
✅ Key Requirements
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- Landlord cannot evict, refuse to renew, or substantially alter lease terms in retaliation
- Retaliation is a defense to eviction — case should be dismissed if proven
- Rebuttable presumption: retaliation assumed if action follows protected activity
- Applies to all rental premises except owner-occupied with 2 or fewer rental units
- Tenant should first bring complaint to landlord before going to government authority
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Late Fees and Grace Periods
N.J.S.A. § 2A:42-6.1; Truth in Renting Act
✅ Key Requirements
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- 5 business day grace period for qualifying seniors and disabled tenants
- No statutory grace period for other tenants — check lease terms
- No statutory cap on late fees but must be reasonable (~5% of rent)
- Late fees must be specified in writing in the lease
- Late fees are NOT rent — cannot evict for unpaid late fees alone
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Lease Requirements and Disclosures
N.J.S.A. § 46:8-43 et seq. (Truth in Renting Act); N.J.S.A. § 46:8-27.1 (Landlord Identity Law)
✅ Key Requirements
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- Written leases are required only for tenancies of 12 months or longer, but are always recommended
- Truth in Renting Act: landlords of buildings with 3+ residential units must provide tenants with a DCA Truth in Renting guide or equivalent statement of rights
- Landlord Identity Law: all landlords of residential properties must register their name, address, and agent info with the municipal clerk
- Required disclosures include: security deposit bank details (within 30 days), lead paint disclosure (pre-1978 with children under 6), window guard notice (multi-family), criminal background check disclosure (before accepting application fee), and flood zone status
- Landlord cannot require tenants to pay rent electronically or via automatic transfer (N.J.S.A. § 46:8-49.1)
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Rent Increases
NJ DCA Rent Increase Bulletin; Various local ordinances
✅ Key Requirements
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- No rent increases mid-lease
- No statewide rent cap — but check local rent control ordinances
- Cities like Newark, Jersey City, and others may have rent control
- Landlord must offer reasonable lease changes in writing at renewal
- Tenant refusing reasonable changes may face eviction proceedings
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Landlord Right of Entry
N.J.S.A. § 2A:39-1; Common law
✅ Key Requirements
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- Landlord must provide reasonable notice before entering (24 hours is customary)
- No notice needed for genuine emergencies
- Cannot enter to harass or intimidate tenant
- Unauthorized entry may constitute illegal eviction or trespass
- Tenant must allow reasonable access for necessary repairs
Early Lease Termination for Domestic Violence
N.J.S.A. § 46:8-9.1 et seq.
✅ Key Requirements
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- Victim can terminate lease early without penalty
- Must provide written notice with qualifying documentation
- Security deposit must be returned within 15 days
- Landlord cannot discriminate against tenants based on domestic violence victim status
- NJ Fair Housing Act protects domestic violence victims