New Jersey Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in New Jersey, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in New Jersey. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | New Jersey |
|---|---|
| Where these laws apply | New Jersey's eviction-for-cause rules (N.J.S.A. 2A:18-61.1) cover residential rentals other than owner-occupied premises with no more than two rental units, hotel, motel or guest-house units rented to a transient guest or seasonal tenant, and certain units held in trust for, or occupied by, an immediate family member with a developmental disability. The security-deposit act (P.L.1967, c.265, which includes N.J.S.A. 46:8-19) does not apply to owner-occupied premises with no more than two rental units unless the tenant gives the landlord 30 days' written notice invoking it. N.J.S.A. 2A:18-61.1; 46:8-26 |
| Security deposit limit | 1.5 times one month's rent. Additional security collected in a year may not exceed 10 percent of the current deposit. N.J.S.A. 46:8-21.2 |
| Where deposits are held | The deposit stays the tenant's property, held in trust, and may not be mingled with the landlord's own property. A landlord receiving deposits for 10 or more rental units must invest them in an insured money market fund of a New Jersey-based investment company or deposit them at a New Jersey bank, savings bank or savings and loan association insured by a federal agency, in an account with a variable interest rate; others (unless a state rule extends that requirement to them) must deposit them at such an institution in an account bearing interest at its time or savings deposit rate. Within 30 days of receiving the deposit, the landlord must tell the tenant in writing the institution's name and address, the type of account, its current interest rate and the deposit amount. These investment rules do not apply to a seasonal rental of not more than 125 consecutive days by a person with a permanent residence elsewhere. The security-deposit act (P.L.1967, c.265) does not apply to owner-occupied premises with no more than two rental units unless the tenant gives the landlord 30 days' written notice invoking it. N.J.S.A. 46:8-19(a)-(d); 46:8-26 |
| Returning the deposit | Within 30 days after the lease ends, the landlord must return the deposit plus the tenant's share of the interest or earnings, less charges spent under the lease, by personal delivery or registered or certified mail, with the interest and any deductions itemized. A court that finds for the tenant in an action for the return of the deposit must award double the amount due, with full costs and, at its discretion, reasonable attorney's fees. N.J.S.A. 46:8-21.1 |
| Deposit deductions | Only charges spent in accordance with the terms of the lease, itemized in a notice to the tenant. No deduction may be made from the deposit of a tenant who remains in possession. N.J.S.A. 46:8-21.1 |
| Interest on deposits | Required: the deposit must be held in an insured money market fund or an interest-bearing account (see deposit holding). The interest or earnings belong to the tenant and are paid in cash or credited toward rent on the lease renewal or anniversary date, or on January 31 if the tenant has been given written notice of that date. N.J.S.A. 46:8-19(a)-(c) |
| Landlord entry notice | No notice period for landlord entry in N.J.S.A. Title 46, Chapter 8, Title 2A, Chapter 42 and 2A:18-51 to 2A:18-84 (except §§ 2A:18-61.40, 2A:18-84, 2A:42-10.15, 2A:42-114, 2A:42-145, 46:8-43 and 46:8-52, which were not searched). N.J.S.A. Title 46, Ch. 8; Title 2A, Ch. 42; 2A:18-51 to 2A:18-84 (no provision) |
| Notice to end a month-to-month lease | A tenant covered by N.J.S.A. 2A:18-61.1 may be removed only for one of the good-cause grounds it lists, after the written notice N.J.S.A. 2A:18-61.2 sets for that ground (for example, one month for continued rule or lease violations or habitual nonpayment, three months for some housing-code grounds, 18 months to retire a building from residential use, three years for a condominium or cooperative conversion). For a holdover removal under N.J.S.A. 2A:18-53(a), which excepts the residential tenants "included in section 2" of its act, a month-to-month tenancy must first be ended by one month's notice to quit. A tenant with a term of one month or longer who stays on after it ends, and whose rent the landlord accepts, becomes a month-to-month tenant unless agreed otherwise. N.J.S.A. 2A:18-61.1, 2A:18-61.2, 2A:18-53, 2A:18-56(b), 46:8-10 |
| Rent-increase notice | A tenant covered by N.J.S.A. 2A:18-61.1 may be evicted for not paying a rent increase only after a valid notice to quit and notice of the increase, and only if the increase is not unconscionable and complies with all other laws or municipal ordinances governing rent increases. N.J.S.A. 2A:18-61.1(f) |
| Late fees | No general cap on late fees and no general grace period in N.J.S.A. Title 46, Chapter 8, Title 2A, Chapter 42 and 2A:18-51 to 2A:18-84 (except §§ 2A:18-61.40, 2A:18-84, 2A:42-10.15, 2A:42-114, 2A:42-145, 46:8-43 and 46:8-52, which were not searched). Senior citizens receiving Social Security old-age, Railroad Retirement or other governmental pensions in lieu of Social Security, and recipients of Social Security Disability, Supplemental Security Income or Work First New Jersey benefits, whose rent is due on the first of the month, get five business days' grace (weekends and state or federal holidays excluded), and no late charge may cover that period. In a nonpayment eviction, if all rent owed is paid within three business days after a warrant for removal is posted or a lockout executed, no late fee above the amount in the warrant application may be imposed. N.J.S.A. 2A:42-6.1, 2A:42-6.3, 2A:42-10.16a(a) |
| Notice for unpaid rent | Failure to pay rent due under an oral or written lease is a ground for removal under N.J.S.A. 2A:18-61.1, and the written demand and notice that N.J.S.A. 2A:18-61.2 requires before a judgment of possession do not apply to nonpayment of rent. After a warrant for removal is posted or a lockout executed for nonpayment, the tenant has three business days to pay; the landlord must accept the payments and, once the rent owed is paid, notify the court, which then dismisses the case with prejudice. N.J.S.A. 2A:18-61.1(a), 2A:18-61.2, 2A:42-10.16a |
| Rent control | New Jersey statutes refer to municipalities that have enacted or later enact rent control or rent leveling ordinances. Such an ordinance's limits on periodic rent increases (other than one adopted under N.J.S.A. 2A:42-74 et seq.) do not apply to multiple dwellings of four or more units, other than senior-citizen housing, built under a construction permit issued on or after the effective date of P.L.1987, c.153, for the shorter of the initial mortgage's amortization period or 30 years after completion (30 years if there was no initial mortgage). N.J.S.A. 2A:42-84.1(c), (e), 2A:42-84.2 |
| Required landlord disclosures | Landlords renting for terms of at least one month (other than premises with no more than two units, owner-occupied premises with no more than three units, and hotels, motels or guest houses serving transient or seasonal guests) must give each new tenant, at or before move-in, the current Department of Community Affairs statement of tenants' and landlords' legal rights and responsibilities, and keep it posted. Before a lease is signed or renewed, landlords in those groups must tell the tenant in writing whether the property is in a FEMA 100-year or 500-year floodplain and whether, to the landlord's actual knowledge, the premises or its parking areas have flooded (seasonal rentals under 120 days exempt; beyond actual knowledge, the floodplain disclosure takes effect once the state's online look-up tool is in place), and every residential lease must contain a set flood-insurance notice. At the creation of a new tenancy, the landlord gives each tenant a copy of the landlord's certificate of registration (owner-occupied two-unit premises excepted). After notice from the municipal clerk, the landlord must tell each tenant at the start of a tenancy that the clerk keeps a list of residents who need special help in an emergency, with a copy of the notice on how to be added. At tenant turnover, the owner gives new tenants evidence of a valid lead-safe certification and attaches it to the lease, unless the unit is exempt (for example, certified free of lead-based paint or built in 1978 or later). Owners of multiple dwellings exempt from a municipal rent control or rent leveling ordinance under that exemption must tell prospective tenants so in writing before a lease, and each lease must say so. N.J.S.A. 46:8-44(a), (b), 46:8-45, 46:8-46, 46:8-50(a), (c), (d), (g), 46:8-27, 46:8-29, 46:8-29.1, 52:27D-437.16(c), (e), 2A:42-84.3 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, familial status, disability, service or liability for service in the U.S. Armed Forces, nationality, and source of lawful income used for rental or mortgage payments. N.J.S.A. 10:5-12(g)(1) |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in New Jersey listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in New Jersey?
1.5 times one month's rent. Additional security collected in a year may not exceed 10 percent of the current deposit. See the source in the table above.
How long does a New Jersey landlord have to return a security deposit?
Within 30 days after the lease ends, the landlord must return the deposit plus the tenant's share of the interest or earnings, less charges spent under the lease, by personal delivery or registered or certified mail, with the interest and any deductions itemized. A court that finds for the tenant in an action for the return of the deposit must award double the amount due, with full costs and, at its discretion, reasonable attorney's fees. See the source in the table above.
How much notice must a New Jersey landlord give before entering?
No notice period for landlord entry in N.J.S.A. Title 46, Chapter 8, Title 2A, Chapter 42 and 2A:18-51 to 2A:18-84 (except §§ 2A:18-61.40, 2A:18-84, 2A:42-10.15, 2A:42-114, 2A:42-145, 46:8-43 and 46:8-52, which were not searched). See the source in the table above.
How much notice ends a month-to-month lease in New Jersey?
A tenant covered by N.J.S.A. 2A:18-61.1 may be removed only for one of the good-cause grounds it lists, after the written notice N.J.S.A. 2A:18-61.2 sets for that ground (for example, one month for continued rule or lease violations or habitual nonpayment, three months for some housing-code grounds, 18 months to retire a building from residential use, three years for a condominium or cooperative conversion). For a holdover removal under N.J.S.A. 2A:18-53(a), which excepts the residential tenants "included in section 2" of its act, a month-to-month tenancy must first be ended by one month's notice to quit. A tenant with a term of one month or longer who stays on after it ends, and whose rent the landlord accepts, becomes a month-to-month tenant unless agreed otherwise. See the source in the table above.
How much notice is required for a rent increase in New Jersey?
A tenant covered by N.J.S.A. 2A:18-61.1 may be evicted for not paying a rent increase only after a valid notice to quit and notice of the increase, and only if the increase is not unconscionable and complies with all other laws or municipal ordinances governing rent increases. See the source in the table above.
How much can a New Jersey landlord charge for late rent?
No general cap on late fees and no general grace period in N.J.S.A. Title 46, Chapter 8, Title 2A, Chapter 42 and 2A:18-51 to 2A:18-84 (except §§ 2A:18-61.40, 2A:18-84, 2A:42-10.15, 2A:42-114, 2A:42-145, 46:8-43 and 46:8-52, which were not searched). Senior citizens receiving Social Security old-age, Railroad Retirement or other governmental pensions in lieu of Social Security, and recipients of Social Security Disability, Supplemental Security Income or Work First New Jersey benefits, whose rent is due on the first of the month, get five business days' grace (weekends and state or federal holidays excluded), and no late charge may cover that period. In a nonpayment eviction, if all rent owed is paid within three business days after a warrant for removal is posted or a lockout executed, no late fee above the amount in the warrant application may be imposed. See the source in the table above.
How much notice must a New Jersey landlord give when rent is unpaid?
Failure to pay rent due under an oral or written lease is a ground for removal under N.J.S.A. 2A:18-61.1, and the written demand and notice that N.J.S.A. 2A:18-61.2 requires before a judgment of possession do not apply to nonpayment of rent. After a warrant for removal is posted or a lockout executed for nonpayment, the tenant has three business days to pay; the landlord must accept the payments and, once the rent owed is paid, notify the court, which then dismisses the case with prejudice. See the source in the table above.
Does New Jersey have rent control?
New Jersey statutes refer to municipalities that have enacted or later enact rent control or rent leveling ordinances. Such an ordinance's limits on periodic rent increases (other than one adopted under N.J.S.A. 2A:42-74 et seq.) do not apply to multiple dwellings of four or more units, other than senior-citizen housing, built under a construction permit issued on or after the effective date of P.L.1987, c.153, for the shorter of the initial mortgage's amortization period or 30 years after completion (30 years if there was no initial mortgage). See the source in the table above.
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