New Jersey Residential Lease Agreement Template

A fixed-term lease for a house, apartment or condo. It sets the rent, deposit, rules and responsibilities for both sides, with slots for the rules of the state where the home is located. 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

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)

Grace period. Senior citizens receiving Social Security or a government pension, and tenants receiving disability benefits, Supplemental Security Income or Work First New Jersey benefits, get a five business day grace period before a late fee when rent is due on the first. (N.J.S.A. 2A:42-6.1 to 6.3)

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)

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))

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)

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. Term
4. Rent
5. Late charges
6. Security deposit
7. Other charges and fees
8. Utilities and services
9. Occupants and guests
10. Use of the property
11. Pets
12. Smoking
13. Maintenance and repairs
14. Alterations
15. Landlord entry
16. Subletting and assignment
17. Insurance
18. Default
19. Moving out
20. Notices
21. Disclosures
22. General terms
23. Signatures

Before you use it

• A residential lease is the main contract between a landlord and a tenant for a fixed term, usually 6 or 12 months.
• State law sets the limits on deposits, late fees, entry notice and eviction notices, and it overrides any lease clause that conflicts with it.
• A clause that waives a tenant's legal rights is usually unenforceable and can weaken the rest of the lease.
• Have an attorney in your state review your final version, and attach every disclosure your state and city require.

For the full explanation of this form, read our guide to the residential lease agreement.