Being a landlord comes with certain responsibilities. One of which is understanding New Jersey landlord tenant law. It’s important that, as a landlord, you familiarize yourself with the state’s residential tenancy law for a smooth landlording experience.
The following is everything landlords need to know about New Jersey's landlord tenant laws.
Required Landlord Disclosures in New Jersey
New Jersey landlords must make the following disclosures before a tenant can move in.
- Lead-Based Paint: Is the property for rent built before 1978? If so, landlords must let the tenant know of any use of lead-based paint.
- Flood Zone: If the property is located in a known flood zone, a landlord must let the tenant know that information.
- Truth in Renting: Landlords must provide a tenant with information regarding their rights.
- Security Deposits: A landlord must disclose to the tenant where they're storing their security deposit and at what interest they’ve held it at.
- Child Guard Protective Windows: A landlord must disclose and provide their tenant with protective window guards upon their request.
New Jersey Tenant Rights and Responsibilities
According to New Jersey landlord-tenant law, the following are some of the rights tenants acquire automatically once they sign a lease.
A right to:
- Live in a habitable residential property
- The quiet and peaceful enjoyment of their rented premises
- Exercise their rights without being discriminated against or retaliated upon
- Break the lease for certain legally justified reasons
- Have repairs made within a reasonable period of time
- Continue living on the property until the landlord follows the proper eviction procedure to remove them
- When it comes to responsibilities, they are as follows.
- Maintain the unit in a safe and habitable condition
- Keep all fixtures clean and sanitary
- Make small repairs and maintenance
- Respect other tenants’ and neighbors’ peace and quiet enjoyment
- Pay rent on time, every month, and abide by all other terms of the lease agreement
- Report maintenance issues without fail
- Notify the landlord before moving out
- Notify the landlord when looking to be away for an extended period of time
New Jersey Landlord Rights and Responsibilities
The following are some of the basic rights landlords have under New Jersey landlord-tenant law. A right to:
- Terminate a periodic lease agreement after serving the tenant with proper notice
- Evict a tenant for not abiding by the terms of the lease agreement, such as paying rent
- Charge a security deposit as part of the move-in costs
- Increase the rent amount after serving proper notice
- Enter a tenant’s rented unit to undertake important responsibilities
The following are some landlord responsibilities under the state’s residential tenancy act.
- Notify tenants before entry
- Follow the proper eviction procedure when evicting tenants
- Abide by the state’s security deposit laws
- Provide habitable rental properties
- Abide by all terms of the lease or rental agreement
Overview of New Jersey Landlord-Tenant Laws
Right of Entry
New Jersey landlords have a right to enter their rented premises. You may want to enter your tenant’s rented unit for the following reasons.
- To carry out a rental inspection
- To show the unit to prospective tenants, buyers, and mortgage financiers
- Pursuant to a court order
A landlord must, however, notify their New Jersey tenants beforehand. Specifically, the landlord must provide the tenant with a notice of at least 24 hours before setting foot on the property. The only exception to this is if you’re responding to an emergency.
Housing Discrimination
The Fair Housing Act (FHA) prohibits landlords from engaging in any form of discriminatory practices regardless of certain classes. In New Jersey, the protected classes include the following.
- Race
- Color
- Nationality
- Sex
- HIV/AIDS status
- Sexual orientation
- Gender identity
- Domestic abuse victim status
- Ancestry
- Marital status
Handling of discrimination complaints in New Jersey is done by the New Jersey Attorney General’s Division of Civil Rights.
Lease Termination in New Jersey
Both tenants and landlords can break their lease after serving proper notice. The notice to serve depends on the rent payment frequency.
To break a week-to-week tenancy, a party is required to serve the other a 7-day notice. To break a month-to-month lease, a party is required to serve the other a one-month advance notice.
For fixed-term leases, a tenant must stay put for the entire lease term. There are some exceptions, though. The exceptions include domestic violence, landlord harassment, uninhabitable units, active military duty, and early lease termination.
Security Deposits
A New Jersey landlords must abide by the state’s security deposit rules when collecting security deposits. These rules apply in the collection, holding, and return of a tenant’s security deposit.
The following is a basic overview of the rules.
- The maximum amount to charge tenants must not exceed 1.5 times the rental amount
- Storing of the deposit must be done in an interest-bearing account. The other option would be to store the deposit in a money market fund
- Deductions to a tenant’s deposit must only be for allowable reasons, such as for fixing damage exceeding normal wear and tear
- Return a tenant’s security deposit within 30 days
- Wrongfully withholding a tenant’s deposit has repercussions under the NJ landlord tenant law. A landlord may be liable for paying tenants up to 2X the wrongfully withheld amount, plus court and attorney fees.
Tenant Eviction
A New Jersey landlord can evict tenants for certain reasons. For instance, unpaid rent, lease violation, property damage, and disorderly conduct.
On your part as the landlord, state law requires that you strictly follow the tenant eviction process to the letter. You must not try to evict the tenant in any other way other than through a court order. Examples of illegal eviction methods include removing the tenant’s belongings, shutting down utilities, or locking them out.
Tenant’s Right to Repairs
Tenants in New Jersey have a right to live in a habitable rental unit. Landlords must, therefore, maintain the unit to the required safety and health standards, as well as respond to issues within an “adequate” time after written notification by the tenant.
If landlords fail to do so, the tenant can sue, withhold further rent payments, or make the repairs and deduct the costs from the rent.
Bottom Line
If you have a question or need expert help in the management of your property, Lone Eagle Management can help. We provide high-quality property management services to property owners in New Jersey. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.