Lease or rental agreements in New Jersey are legally binding documents outlining the terms agreed to by a landlord or property manager and tenant when leasing residential property in the state.
Federal and New Jersey law mandate all New Jersey Rental Agreements contain certain provisions.
For example, all contracts should include:
- The name and current address of both landlord and tenant
- The address of the property
- Lease term (e.g. 12 months)
- Pet prohibitions or allowances
- Information and disclosures concerning safety and health hazards
- The amount of security deposit
- The monthly rent amount and the due date
- Grace period for paying rent late
- Any late fees
New Jersey rental agreement requirements are unique to the state. So, it is important to familiarize yourself with New Jersey laws.
Some states may impose a stricter right of entry laws for a landlord or property manager, while others may allow property owners and management companies to enter without giving notice.
Becoming acquainted with New Jersey rental requirements and laws will help you create a comprehensive and complete rental agreement and protect your legal and financial rights.
Other New Jersey rental and real estate documents that might be of interest include:
- New Jersey Sublease Agreement – Tenants can use our New Jersey sublease agreement to rent all or part of their dwelling units to a new tenant (with written permission from the landlord).
- Room Rental Agreement – Tenants can use our room rental agreement to rent a room in their leased unit to a subtenant
- New Jersey Eviction Notice – Landlords can use our New Jersey eviction notice to start the lease termination (eviction process) with a current tenant
- Commercial Lease Agreement – Landlords and property owners can use our commercial lease agreement to rent commercial space like office buildings and retail centers.
- Rental Application – Property owners and managers can use our rental application to screen potential tenants for rentals.
New Jersey Landlord-Tenant Laws
New Jersey imposes specific and distinct requirements for landlords and tenants when entering into lease agreements. For example, Title 46 of the New Jersey Revised Statutes provides for the following:
Security Deposit
A landlord may request from the tenant up to one and a half (1 ½) times the monthly rent as a security deposit. (N.J. S.A. § 46:8-21.2)
New Jersey state laws require a landlord to return the security deposit (plus any interest or earnings accumulated and less any charges incurred per the lease agreement) to the tenant within thirty (30) days of the lease’s end or termination. (N.J.S.A. § 46:8-21.1)
Landlord Right of Entry
Although there is no statutory requirement for notice, a landlord must provide “reasonable notification” to the tenant before entering the premises in case of a non-emergency. (N.J.S.A. §§ 2A:39-1 to 2A:39-2 and New Jersey – Right of Entry Bulletin)
Additionally, New Jersey law requires:
Utilities (Multiple Dwellings Only)
From October 1 to May 1 of each year, every unit and habitable room of the property must maintain a temperature of at least sixty-eight (68) degrees Fahrenheit between the hours of 6:00 A.M. and 11:00 P.M, and at minimum sixty-five (65) degrees Fahrenheit between 11:00 P.M. and 6:00 A.M. (N.J.A.C. § 5:10-14.4(a))
Crime Insurance
An owner of a multiple dwelling shall provide tenant(s) information about crime insurance through the Federal Crime Insurance Program and inform them where applications for such insurance may be obtained. (N.J.S.A.§ 46:8-39)
Additional New Jersey Rental Contract Information
The landlord must inform each tenant if the rental property is located within a designated “flood zone” or area (N.J.S.A. § 46:8-50 part of the Truth-in-Renting Act).
Landlords must provide a notice to tenants informing them that the owner is required to provide, install and maintain child-protection window guards in any unit occupied by a child of age ten (10) or younger (applicable to multiple-unit dwellings only) (N.J.A.C. § 5:10-27.1(c)).
Window guards are only required in first-floor windows where the sill is more than six feet above grade or other hazardous conditions are present that make the installation of window guards necessary to safeguard children.
New Jersey has several required disclosures you must provide to a tenant when leasing residential property, such as lead-based paint disclosures. Refer to the New Jersey Department of Community Affairs’ Lead-Based Paint in Rental Dwellings Guidelines.
New Jersey Legal Services Resources
- New Jersey Department of Community Affairs Landlord-Tenant Information
- New Jersey Truth-in-Renting Guide
- New Jersey Courts Landlord Tenant
- New Jersey Attorney General Law Against Discrimination
How to Write a Lease/Rental Agreement in New Jersey
Follow the steps below to write a lease or rental agreement in New Jersey.
Step 1 – Fill Out the Date of Agreement
Write the date of the Lease/Rental Agreement.
Step 2 – Enter the Parties’ Information
Provide the name and address of the parties that are signing the agreement. First is the landlord or management company and their current address. Then write in all tenants and their current address.
Step 3 – Describe the Property
Describe the type of rental property such as an apartment or house and provide the full street address of the rental property.
Step 4 – Enter the Term of the Lease
Write the term (length) of the lease in months and enter the beginning and end dates of the lease. If the lease is month-to-month, provide the start date of the lease.
Step 5 – Enter Rent Details
Provide the monthly rental amount, the date the rent is due each month and the acceptable payment method(s). Any late fees or grace period for late payment of rent can be added.
Write the amount of the security deposit that the landlord will collect from the tenant, typically done at the beginning of the lease.
Step 6 – Enter Security Deposit Amount
Write the amount of the security deposit that the landlord will collect from the tenant, typically done at the beginning of the lease.
Step 7 – Additional Provisions
Provide for additional and optional provisions such as regarding use of guarantor, payment of utilities, maintenance and repairs, alterations, or allowance or prohibition of pets, smoking, or sublease.
Step 8 – Signatures
Both the landlord and tenant(s) will sign and date the lease agreement.
New Jersey Residential Lease Agreement Example
The sample residential lease agreement below describes a rental contract between “Landlord” Kyle Bennet and “Tenant” Henry Cho.
The tenant agrees to rent a condominium in Newark for $900.00 per month on a month-by-month basis beginning on June 27, 2017. The tenant agrees to pay for all utilities and services for the Premises.
This is a good example of what rental agreements in New Jersey might contain and how one should look in its final form.
Sample New Jersey Lease/Rental Agreement
Below is a free form you can download to rent a residential property in New Jersey and it provides an example of what this legal document looks like.