Tenant Rights and Responsibilities When Renting in New Jersey

As a tenant in New Jersey, you have several important rights, including: the right to a habitable dwelling, protection against illegal discrimination, privacy rights limiting landlord entry (reasonable notice typically required), protection against retaliation for exercising your legal rights, proper handling of security deposits (which must be placed in an interest-bearing account and returned within 30 days of lease termination), and protection against illegal eviction procedures. The New Jersey Anti-Eviction Act provides significant protections, requiring landlords to have legal cause for eviction.

In New Jersey, landlords cannot charge more than 1.5 times the monthly rent for a security deposit. For example, if your monthly rent is $1,500, the maximum security deposit would be $2,250. Additionally, landlords must place security deposits in an interest-bearing account and provide written notice of where the deposit is being held within 30 days of receiving it. The interest earned, less a 1% administrative fee, belongs to the tenant and must either be paid annually, applied to rent, or added to the security deposit.

In New Jersey, landlords must return your security deposit within 30 days after you move out. If the landlord makes any deductions, they must provide an itemized list of damages and corresponding costs. If your landlord fails to return your deposit or provide an itemized statement within 30 days, you may be entitled to double the amount wrongfully withheld. It's advisable to document the condition of the property with photos or video when you move in and out, and to provide your forwarding address in writing to your landlord.

New Jersey law requires landlords to provide 'reasonable notice' before entering a rental property, which is generally interpreted as 24 hours' notice, except in emergencies. Landlords may enter to make repairs, inspect the property, show it to prospective tenants, or in case of emergency. They cannot enter for harassment purposes or at unreasonable hours. If your landlord repeatedly violates your privacy rights, you may have grounds for legal action.

New Jersey state law doesn't specify a required notice period for rent increases, but local rent control ordinances may apply in your municipality. For month-to-month tenancies, landlords typically must provide one month's notice before increasing rent. For yearly leases, rent can only be increased at the end of the lease term unless the lease specifically allows for mid-lease increases. Some New Jersey municipalities have rent control ordinances that limit how much and how often rent can be increased, so check with your local housing authority.

New Jersey landlords must maintain rental properties in a habitable condition, which includes: maintaining structural elements (roof, floors, walls), providing functioning plumbing, electrical systems, and heating, ensuring adequate water supply and proper sewage disposal, keeping common areas clean and safe, providing garbage receptacles, and eliminating insect or rodent infestations. If essential services fail, you should notify your landlord in writing. If they don't respond in a reasonable time, you may have remedies such as repair-and-deduct, rent withholding, or filing a complaint with local housing authorities.

New Jersey has strong tenant protections under the Anti-Eviction Act. Landlords must have legal cause to evict, such as non-payment of rent, lease violations, or property damage. The eviction process requires: proper written notice (varies by cause), filing a complaint with the court, a court hearing where both parties can present their case, and if the landlord wins, obtaining a warrant of removal executed by a court officer. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. Even after a judgment, only a court officer can remove a tenant. During certain periods, such as the COVID-19 pandemic, additional eviction protections may apply.

You can legally break a lease in New Jersey under certain circumstances: if the unit becomes uninhabitable, if you're starting active military duty, if you're a victim of domestic violence, or if your landlord harasses you or violates your privacy rights. Otherwise, breaking a lease may result in penalties. However, New Jersey requires landlords to make reasonable efforts to re-rent the unit (called 'mitigation of damages'). If they re-rent the unit, your liability typically ends. You may also negotiate an early termination fee or find a replacement tenant, subject to landlord approval.

New Jersey does not have statewide rent control, but approximately 100 municipalities have local rent control or rent stabilization ordinances. These ordinances vary significantly but typically limit how much and how often landlords can increase rent. Major cities with rent control include Newark, Jersey City, Hoboken, and East Orange. To determine if your municipality has rent control, contact your local housing authority or municipal clerk's office. Even in rent-controlled units, landlords can sometimes apply for hardship increases or capital improvement surcharges.