New Jersey Rental Lease Agreement Templates (7)

Identification of the Landlord or Authorized Personnel (§ 46-8-27 — 46-8-37) – Landlord identity law specifically requires that owner-occupied properties containing more than two units, or a property unoccupied by the owner must obtain a certificate of registration with the governing authorities.

Truth in Renting Act Information (§ 46-8-45) – A statement of the Department of Community Affairs Truth in Renting Act Information is to be given out at the time of lease endorsement.

Window Guard Notification (§ 5-10-27) – Homes to be leased to tenants with children age ten (10) or younger will obligate the landlord to provide and install window guards. All windows that can be opened and that are not designed to be utilized as access to a fire escape must be secured with permanent guards. It is required that prospective tenants either complete the provided New Jersey Window Guard Notification Form or include the following language in bold text in the lease agreement:

“Window Guard Notification:

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.”

Crime Insurance Information (§ 46-8-39) – Within thirty (30) days of occupancy, landlords must specifically inform tenants of the option to apply for Crime Insurance.

Lead-Based Paint (42 U.S. Code § 4852d) – A disclosure concerning the danger of lead-based paint in homes constructed before 1979.

Flood Zone (§ 46-8-50) – Residential properties that are positioned within an area designated as a “flood zone” require additional disclosure to the tenant.

Grace Period: New Jersey depends on the lease to determine grace periods; however, the state mandates a 5-day grace period for renters who:

• Are senior citizens with certain pensions
• Are on social security disability or SSI
• Are (specifically) part of the Work First New Jersey initiative ((N.J.S.A. 2A:42-6.1), (N.J.S.A. 2A:42-6.3)).

Unpaid Rent: Once there is an unsuccessful demand for payment, landlords file a summary dispossess (eviction) complaint accordingly (NJ Rev Stat § 2A:18-53).

New Jersey allows leases to determine late fees (if any); however, the courts will not enforce unreasonable fees (DCA Truth in Renting).

Landlords send a demand for payment via certified mail, but after 35 days of nonpayment, landlords may pursue:

• The full check amount
• Attorney’s fees
• Damages that amount to the greater of $100 or 3x the check amount (N.J.S.A. 2A:32A-1).

New Jersey limits security deposits and any annual requirement accordingly:

• No more than 1.5 month’s rent for the initial security
• No more than %10 of the “current” deposit for annual security deposit (NJ Rev Stat § 46:8-21.2).

Returning to Tenant: Landlords have less than 30 days to return the deposit amount and applicable interest once the lease terminates (NJ RS § 46:8-21.1).
Itemized List: The state staunchly requires that landlords give an itemized list of deductions whenever they are made for repairs (NJ RS § 46:8-21.1).

Standard Entry: New Jersey explicitly requires tenants to give landlords access after “reasonable notification” in dwellings with 3 or more units (NJ AC 5:10-5.1).
Emergency Entry: The state expects New Jersey tenants to give immediate access to the property during emergencies (NJ AC 5:10-5.1).

New Jersey does not support self-help methods when landlords believe abandonment; however, it encourages court action for repossession.

New Jersey recognizes that tenants may have to repair vital habitability issues; however, this is by common law for extreme situations. (Marini v. Ireland, 56 N.J. 130 (1970)).

Duty to Mitigate:The state clearly requires landlords to relet the premises and take other reasonable mitigation efforts (NJ Rev Stat § 46:8-9.6).
Domestic Violence: In order to prematurely terminate the lease, victims must provide a statement that they believe they are in imminent danger as well as provide any of the following:

• Certified copy of a permanent restraining order
• Law enforcement agency records of domestic violence
• Medical documentation of the incident from a health care provider
• Documentation of the situation from a Domestic Violence Specialist or Agency
• Formal paperwork from a licensed social worker (N.J.S.A. 46:8-9.6).

Active Military: Military service members are under the protection of the federal government whenever they terminate a lease with 30 days notice to obey assignments and deployment (50 U.S.C. § 3955).
Landlord’s Noncompliance: Tenants may not abandon a property over noncompliance; they must seek to correct the problem through proper legal channels ((Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969)).
Landlord’s Harassment: While the state does not specifically allow for early termination, it will enforce a tenant’s ability to leave as a response to a constructive eviction (Gottdiener v. Mailhot, 179 N.J. Super. 286 (App. Div. 1981)).
Inhabitability: Tenants must notify landlords of the issue; however, in serious, unsolvable situations, tenants terminate within a reasonable time of noncompliance (Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969)).

Oral leases are enforceable for 3 years; however, after that, they must be put in writing to remain valid. (N.J.S.A. 25:1-12).

New Jersey explicitly allows its counties and municipalities to institute rent control laws (NJ Rev Stat § 2A:42-77).

Once the courts return the property to landlords, they must send notice to the tenant regarding the property in the premises and wait 30 days before disposal (N.J.S.A. 2A:18-73).

Additional instruction related to regulation and procedures concerning lessor/lessee relations can be obtained by examining the State of New Jersey Department of Community Affairs Landlord-Tenant Information or Tenant’s Rights in New Jersey Manual.