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New Jersey landlord-tenant law FAQ

Last reviewed 2026-10-16

18 answers to common New Jersey landlord questions. Every answer is a verified fact with its official source and last-checked date.

How much can a landlord charge for a security deposit in New Jersey?

No more than 1.5 times one month's rent. Any additional deposit collected each year may not exceed 10% of the current deposit.

Verified Source: N.J.S.A. 46:8-21.2 · last checked 2026-10-15 · Full security deposit limit page

How long does a landlord have to return a security deposit in New Jersey?

Within 30 days after the tenant moves out: return the deposit plus interest, less itemized deductions. A tenant who wins in court gets double the amount owed, plus costs.

Verified Source: N.J.S.A. 46:8-21.1 (NJ Courts summary) · last checked 2026-10-15 · Full deposit return deadline page

How much notice does a landlord have to give before entering a rental in New Jersey?

In multiple dwellings (3+ units), tenants must allow access for inspection and maintenance on reasonable notice, normally one day; immediate access in emergencies. Other entry should be covered in the lease.

Verified Source: N.J.A.C. 5:10-1.2 (via NJ DCA Truth in Renting) · last checked 2026-10-15 · Full notice to enter page

How much notice does a landlord need to give to raise the rent in New Jersey?

No fixed number of days in state law: rent can't be raised mid-lease. To raise it, the landlord must serve a valid notice to quit and notice of the increase ending the current lease and offering a new one. Increases must not be unconscionable and must follow any local rent ordinance.

Verified Source: N.J.S.A. 2A:18-61.1(f) (via NJ DCA Truth in Renting) · last checked 2026-10-15 · Full rent increase notice page

Can a landlord charge a late fee in New Jersey, and how much?

The NJ DCA Truth in Renting guide says a landlord may charge a late fee if the lease clearly states it. Senior citizens get a 5-business-day grace period before a late fee may be assessed (N.J.S.A. 2A:42-6.1 to -6.3). Late fees count as additional rent in an eviction case only if the lease says so.

Verified Source: NJ DCA, Truth in Renting · last checked 2026-10-15 · Full late fees page

What notice does a landlord have to give before evicting for unpaid rent in New Jersey?

No notice to quit is required before filing an eviction for nonpayment of rent; a court judgment is still required.

Verified Source: N.J.S.A. 2A:18-61.2 (via NJ DCA Truth in Renting) · last checked 2026-10-15 · Full eviction notice (nonpayment) page

Can cities in New Jersey pass rent control?

No preemption. New Jersey has no state rent control law, but municipalities may adopt rent control or rent leveling ordinances (new multiple dwellings can be exempt for 30 years).

Verified Source: NJ DCA Truth in Renting; N.J.S.A. 2A:42-84.5 · last checked 2026-10-15 · Full rent control / state preemption page

How much notice is needed to end a month-to-month tenancy in New Jersey?

The NJ DCA Truth in Renting guide says most NJ tenants can be evicted only for good cause under the Anti-Eviction Act. Where a notice to quit is required, a month-to-month tenancy gets one month's notice, including when a tenant in an owner-occupied 2- or 3-family home is not renewed.

Verified Source: N.J.S.A. 2A:18-61.1 et seq. (per NJ DCA, Truth in Renting) · last checked 2026-10-15 · Full ending a month-to-month tenancy page

Does a landlord have to pay interest on a security deposit in New Jersey?

Required. Deposits must be held in trust in an interest-bearing account at a New Jersey bank (or, for 10+ units, an insured NJ money market fund or variable-rate account). Interest belongs to the tenant and is paid in cash or credited to rent yearly. Written notice of the bank, amount, account type and rate is due within 30 days and at each annual payment.

Verified Source: N.J.S.A. 46:8-19 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full interest on deposits page

Is landlord retaliation illegal in New Jersey?

Yes. A landlord may not evict, substantially change lease terms, or refuse to renew in reprisal for a tenant enforcing lease or legal rights, making a good-faith code complaint (after written notice to the landlord), or joining a tenant organization. Applies to all dwelling rentals except owner-occupied two- or three-family homes.

Verified Source: N.J.S.A. 2A:42-10.10 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full retaliation protections page

Can a landlord change the locks or shut off utilities in New Jersey?

Banned. Self-help evictions are illegal in New Jersey: a landlord may not padlock, change locks, disconnect utilities or otherwise block entry while the tenant lives there. Only a court officer can remove a tenant, under a warrant for removal.

Verified Source: N.J.S.A. 2A:39-1 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full lockouts and utility shutoffs page

What can a tenant do if the landlord won't make repairs in New Jersey?

If the landlord fails to keep the unit habitable, the tenant may repair vital-facility defects (e.g. no heat, water or electricity, broken toilets or windows) and deduct the cost from rent, or seek rent abatement or withhold rent. The tenant must not have caused the defect and must give notice and adequate time to fix.

Verified Source: Marini v. Ireland, 56 N.J. 130 (1970) (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full repairs and habitability remedies page

What disclosures must a landlord give tenants in New Jersey?

Landlords should provide: the lead-paint pamphlet, the Truth in Renting statement (buildings of 3+ units, or 4+ if owner-occupied), flood zone notice, child window-guard notice, bed bug information, late-fee and dishonored-payment fee terms, and the domestic violence termination policy.

Verified Source: N.J.S.A. 46:8-44 to -46, 46:8-50, 46:8-9.6 to -9.7 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full required lease disclosures page

What can a landlord do with property a tenant leaves behind in New Jersey?

Property left behind may be disposed of only under the Abandoned Property Law: written notice by certified or receipted first-class mail, after a warrant for removal is executed or the tenant gives written notice of leaving. Unclaimed property may then be sold, or destroyed if worth too little to store and sell.

Verified Source: N.J.S.A. 2A:18-72 to -84 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full abandoned property page

Can a tenant break a lease early for domestic violence or military service in New Jersey?

Domestic violence: a tenant (or a tenant's child) facing an imminent threat of serious harm from a named person may end the lease with written notice plus documentation (e.g. a restraining order or police or medical record); it takes effect 30 days after the landlord receives them. Servicemembers may terminate under the federal SCRA.

Verified Source: N.J.S.A. 46:8-9.4 et seq.; 50 U.S.C. § 3955 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full early termination (dv/military) page

Is there a grace period before a late fee can be charged in New Jersey?

Senior citizens get a 5 business-day grace period before a late fee may be charged. No general grace period applies to other tenants; late charges must be in the lease.

Verified Source: N.J.S.A. 2A:42-6.1 to -6.3 (NJ DCA Truth in Renting) · last checked 2026-10-15 · Full late fee grace period page

What is the military lease termination (federal scra, all states) rule in New Jersey?

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."

Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page

Can a landlord deny a tenant for criminal or credit history in New Jersey?

New Jersey's Fair Chance in Housing Act (N.J.S.A. 46:8-52 et seq.), as implemented by N.J.A.C. 13:5, generally bars landlords from asking about or considering criminal history before a conditional offer (limited exceptions for meth manufacture on federally assisted housing and lifetime sex-offender registration). Arrests without conviction, expunged/pardoned/vacated/sealed records, and juvenile adjudications may never be considered. After a conditional offer, only listed serious offenses and degree-based lookback windows (6/4/1 years) may be considered, with an individualized assessment before withdrawing the offer. Statute text: "A housing provider shall not require an applicant to complete any housing application that includes any inquiries regarding an applicant's criminal record prior to a conditional offer of housing, except for a limited inquiry of whether an applicant has ever been convicted of criminal activity for the manufacture or production of methamphetamine on the premises of Federally assisted housing, and whether the applicant is subject to a lifetime registration requirement under a State sex offender registration program."

Verified Source: N.J.A.C. 13:5-1.4, 13:5-1.7, 13:5-1.8 (Fair Chance in Housing Act, N.J.S.A. 46:8-52 et seq.) · last checked 2026-10-16 · Full criminal & credit history rules page

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