Renting Out Your Property in New Jersey: A Landlord's Guide

In New Jersey, landlords must ensure their rental property meets all health and safety codes, obtain any required municipal permits or certificates of occupancy, and comply with the state's anti-discrimination laws. You must also register your rental property with your municipality if required locally. Before renting, you should prepare a written lease agreement, though oral agreements are legally binding in New Jersey as well. Additionally, you must provide lead-based paint disclosures for properties built before 1978.

In New Jersey, landlords can collect a maximum security deposit of one and a half months' rent (1.5x the monthly rent). This deposit must be placed in an interest-bearing account in a New Jersey financial institution within 30 days of receipt, and you must provide written notice to the tenant about where the deposit is held. The interest earned, less administrative fees, belongs to the tenant and can either be paid annually, credited toward rent, or added to the security deposit.

New Jersey law requires landlords to provide 'reasonable notice' before entering a tenant's unit, which is generally interpreted as 24 hours' notice. You may only enter for legitimate reasons such as making repairs, showing the unit to prospective tenants, or in case of emergency. While specific notice requirements aren't explicitly defined in state law, courts typically consider 24 hours as reasonable. It's best to include specific entry terms in your lease agreement.

Evictions in New Jersey require following a specific legal process. You must have legal grounds for eviction (such as non-payment of rent, lease violations, or property damage) and provide proper written notice. The notice period varies based on the reason for eviction. After the notice period, you must file a complaint with the court and attend a hearing. If granted, only a court officer can remove a tenant. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal and can result in significant penalties.

New Jersey landlords must maintain rental properties in habitable condition, including providing heat (minimum 68°F from October to May), hot water, functioning plumbing and electrical systems, and keeping the property free from pests and structural hazards. You must promptly address repair requests that affect habitability. The state's warranty of habitability is implied in all residential leases, even if not explicitly stated. Failure to maintain the property can result in tenants withholding rent, making repairs themselves and deducting costs from rent, or breaking the lease without penalty.

Yes, most New Jersey municipalities require rental property registration. Requirements vary by location, but typically involve completing a registration form, paying a fee, and sometimes undergoing inspections. Multiple-dwelling units (buildings with three or more units) must also register with the New Jersey Department of Community Affairs. Failure to register can result in fines and may affect your ability to evict tenants or collect rent. Check with your local housing office or municipal clerk for specific requirements in your area.

In New Jersey, landlords must provide several disclosures to tenants: 1) Lead-based paint disclosure for properties built before 1978, 2) Information about the security deposit account, 3) Truth in Renting Act statement (for properties with more than two units), 4) Child protection window guard availability notice, 5) Flood zone information if applicable, and 6) Any known environmental hazards. Some municipalities may have additional disclosure requirements, so check with your local housing authority.

In New Jersey, landlords must follow the Fair Chance in Housing Act, which restricts how and when you can consider criminal history. You cannot ask about criminal history on initial applications or advertise that you won't consider applicants with criminal records. Only after making a conditional offer can you request a criminal background check, and you must conduct an individualized assessment considering factors like the nature of the crime, how long ago it occurred, and evidence of rehabilitation. Blanket bans on renting to anyone with a criminal record are illegal.

New Jersey state law doesn't cap rent increases for most private residential properties, but increases must not be unconscionable and proper notice must be given (typically one month for month-to-month tenancies). However, many municipalities have rent control ordinances that limit how much and how often rent can be increased. You cannot raise rent during a fixed-term lease unless the lease specifically allows it. Additionally, rent increases cannot be retaliatory or discriminatory. Check your local rent control regulations before implementing any increase.