New Jersey Sublease Agreement Template

An agreement between a current tenant and a subtenant for all or part of a rental home, tied to the original lease, with a landlord consent section. 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)

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 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))

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. The master lease
3. Subleased space
4. Term
5. Rent
6. Utilities and shared costs
7. Security deposit
8. Condition and inspection
9. Rules
10. Repairs and access
11. Default
12. General terms
13. Signatures
14. Landlord consent

Before you use it

• In a sublease the original tenant stays responsible to the landlord, and the subtenant answers to the original tenant.
• Most leases require the landlord's written consent before a tenant sublets, and some states limit when a landlord may refuse.
• A sublease can never last longer than the original lease or give the subtenant more rights than the tenant has.
• Landlords should screen subtenants with the same criteria they use for any applicant.

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