New Jersey Month-to-month Rental Agreement Template

A rental agreement with no fixed end date. It renews each month until the landlord or tenant gives proper written notice. This edition fills in the New Jersey rules we could confirm and marks the rest as blanks to check.

New Jersey rules for this form

Month-to-month notice. A month to month tenant who is covered by the Anti-Eviction Act cannot be removed without a statutory cause; in owner occupied two and three family homes a one month notice to quit applies. (N.J.S.A. 2A:18-61.1 and 2A:18-61.2)

Notice before a rent increase. To raise rent, the landlord serves a written notice ending the current term and offering a new tenancy at the higher rent, generally at least one month before the change takes effect. (N.J.S.A. 2A:18-61.1(f) (Anti-Eviction Act))

Deposit limit. A security deposit cannot exceed one and a half months of rent, and any later yearly increase is limited to 10 percent of the current deposit. (N.J.S.A. 46:8-21.2)

Deadline to return the deposit. The landlord must return the deposit with interest, less lawful deductions, within 30 days after the tenancy ends, or within five business days when a fire, flood, condemnation or evacuation displaces the tenant. (N.J.S.A. 46:8-21.1)

Notice before entry. In buildings with three or more units, tenants must allow entry for inspection and maintenance on reasonable notice, which is normally one day, and immediate access is allowed in an emergency. Entry for other purposes, such as showings, depends on the lease. (N.J.A.C. 5:10-1.2 (Regulations for the Maintenance of Hotels and Multiple Dwellings))

Late fees. Late fees generally must be stated in the lease, and a court treats them as rent in an eviction case only if the written lease says so. (Community Realty v. Harris (N.J. 1998) and N.J.S.A. 2A:42-6.1)

Required disclosures. Landlords with more than two units, or more than three if the owner lives there, must give each tenant the state's Truth in Renting statement. (Truth in Renting Act (N.J.S.A. 46:8-43 to 51))

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Required disclosures. Before a lease is generally signed or renewed, landlords give tenants a state flood risk notice covering whether the property is in a flood hazard area and its flooding history. (Truth in Renting Act flood notice (P.L.2023, c.93))

Required disclosures. Generally, leases should also carry the required notices on window guards for homes with young children and the tenant's right to end a lease because of domestic violence. (N.J.A.C. 5:10-27.1 and New Jersey Safe Housing Act)

Cities and counties in New Jersey can add their own rules on top of these. Check local ordinances before you sign.

What is in the template

1. Parties
2. Property
3. Monthly term
4. Ending the tenancy
5. Rent
6. Changes to rent or terms
7. Security deposit
8. Utilities
9. Use, guests and pets
10. Care, repairs and alterations
11. Entry
12. Subletting
13. Default
14. Moving out
15. Disclosures
16. General terms
17. Signatures

Before you use it

• A month-to-month agreement renews automatically each rental period until someone gives written notice.
• Notice periods to end the tenancy or change the rent are set by state law, and some cities require longer notice or a valid reason.
• The flexibility cuts both ways: the tenant can leave on short notice, so turnover can come sooner.
• Everything else, from deposit limits to entry notice, follows the same rules as a fixed-term lease.

For the full explanation of this form, read our guide to the month-to-month rental agreement.