New Jersey Landlord-Tenant Laws: Rights and Duties for Both Sides

New Jersey tenants rely on a mix of statutes and long standing court decisions. The courts recognize a warranty of habitability with repair and deduct and rent withholding remedies, and a separate reprisal law protects tenants who complain or organize.

New Jersey landlord-tenant rights at a glance

Rule	New Jersey	Law
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)
Tenant repair remedies	If a vital facility fails and the landlord does not fix it after notice and a reasonable time, a tenant may repair and deduct, withhold rent or seek a rent reduction in court.	Marini v. Ireland (N.J. 1970) and Berzito v. Gambino (N.J. 1973)
Retaliation protection	A landlord may not evict, change lease terms or refuse to renew because a tenant enforced legal rights, made a good faith complaint to a government agency or joined a tenant group.	N.J.S.A. 2A:42-10.10 (reprisal law)
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
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

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. If a vital facility fails and the landlord does not fix it after notice and a reasonable time, a tenant may repair and deduct, withhold rent or seek a rent reduction in court. (Marini v. Ireland (N.J. 1970) and Berzito v. Gambino (N.J. 1973))

Entry and privacy

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))

Retaliation

Retaliation protection. A landlord may not evict, change lease terms or refuse to renew because a tenant enforced legal rights, made a good faith complaint to a government agency or joined a tenant group. (N.J.S.A. 2A:42-10.10 (reprisal law))

Rent, late fees and grace periods

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)

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Screening rules. Most housing providers may not ask about criminal history until after a conditional offer, may consider only certain convictions within set look back periods and must give a written reason if they withdraw the offer. (Fair Chance in Housing Act (P.L.2021, c.110))

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

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)

Security deposits in brief

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)

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.