A New Jersey lease agreement is a legally binding document outlining the terms to which a landlord and tenant agree when leasing residential or commercial property in the state.
This contract should include provisions like the name and current address of both the landlord and tenant, the address of the property, the lease term, any restrictions on pets, and information concerning health and safety hazards.
Rental Lease Laws Overview
- Rent Control: No
- Limit on Late Fees: No
- Late Fees in Rental Agreement: No
- Grace Period: Yes
- License Required for Landlord: No
Landlords use rental applications to determine if prospective tenants are suitable before signing a lease.
By Type (6)
Standard Lease Agreement
Establishes a lease agreement between a landlord and a tenant for renting a residential property.
Commercial Lease Agreement
Grants a tenant the right to use a landlord's property for commercial use.
Rent-to-Own Lease Agreement
Permits a tenant to buy the property they were leasing after their rental period expires.
Sublease Agreement
Allows a tenant to re-rent their property to someone else while maintaining responsibility to the original landlord.
Room Rental Agreement
Details guidelines and financial duties for occupants renting individual rooms within a larger rented property.
Required Lease Disclosures
According to the New Jersey Revised Statutes, landlords must make the following lease disclosures in their lease agreements:
- Crime Insurance. An owner of a multiple dwelling shall provide tenants with information about crime insurance through the Federal Crime Insurance Program and inform them where to obtain these applications. [1]
- Truth in Renting Act. Landlords must provide information regarding the Truth In Renting Act, and notify tenants where they can access publications in both English and Spanish.
- Disclosure of Flood Hazard Area. The landlord must inform each tenant if the rental property is located within a designated “flood zone” or area. [2]
- Window Guard Disclosure. Landlords must provide a notice to tenants informing them that the owner will provide, install, and maintain child-protection window guards in any unit occupied by a child of age ten or younger if the tenant submits a written request (applicable to multiple-unit dwellings only). [3] Every lease agreement should contain the following statement in bold:
“The owner (landlord) 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 if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.”
- Disclosure of Lead-Based Hazards. All New Jersey landlords of any building constructed before 1978 must notify all tenants of the potential existence of lead-based hazards. [4]
Security Deposit
- Maximum Amount: Landlords can charge up to one and a half months’ rent as a security deposit. [5]
- Receipts: Landlords must provide a written receipt for the security deposit.
- Interest Payments: Landlords are required to pay tenants the interest earned on the security deposit, either annually or by crediting it toward rent.
- Bank Account: Security deposits must be placed in a separate interest-bearing account in a New Jersey-based bank, and the tenant must be notified in writing within 30 days.
- Returning Requirements: 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 days of the lease’s end or termination. [5]
- Withholding Rules: If deductions are made, the landlord must provide an itemized statement within 30 days. Failure to comply may result in the landlord owing double the deposit amount to the tenant. [5]
Rent Payment
- Rent Payment: Rent is typically due at the beginning of the month unless the lease specifies otherwise.
- Rent Control: Some municipalities have rent control laws that may limit rent increases. Landlords cannot retaliate against tenants for exercising legal rights.
- Late Fees and Grace Period: There is no state cap on late fees, but they must be specified in the lease. Landlords must provide 30 days’ notice before evicting a tenant for non-payment. [6]
- Withholding Rent: Tenants may withhold rent if the landlord fails to make necessary repairs. They can also make repairs and deduct the cost from their rent, using licensed professionals for emergencies. [7]
Landlord Right of Entry
- Notice Requirements: 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. [8]
- Keys, Locks, and Security: If the lease agreement permits, tenants are allowed to replace the locks.
Property Repairs in Montana
- Landlord Responsibilities: Landlords are required by law to ensure that rental properties are habitable, adhering to local health and safety standards. This includes providing timely repairs and maintaining essential services such as heating, water, and electricity. [9]
- Tenant Responsibilities
- Maintain Property: Tenants are responsible for keeping the rental property clean and safe, using fixtures appropriately, and following all health and safety codes.
- Report Repairs: Tenants must promptly inform the landlord of any repair needs to prevent further damage or complications.
- Abandonment: Landlords should give written notice to former tenants if the landlord wants to dispose of property left by the tenants after they have moved out. [10]
Terminating a Lease
- Month-to-Month Tenancy: Either party may terminate a month-to-month tenancy by providing at least 30 days’ written notice, effective at the end of a rental period
- Unclaimed Property: Landlords must store a tenant’s unclaimed property for at least 30 days. They must also notify the tenant before disposing of the property. [10]
Sample
Review our New Jersey lease agreement template and download it as a PDF or Word file below:
