New Jersey Landlord-Tenant Rules
By: Sergio Simoes, Esq. | May 2025
What should be in a Residential Lease? A lease agreement should clearly outline the rights and responsibilities of both the landlord and tenant. Key provisions typically include:
Names and contact information: Of both the landlord and tenant.
Property address: A clear and accurate description of the rental property.
Rent amount and due date: The amount of rent, due date, and any late fees.
Security deposit: The amount of the security deposit, where it is deposited, and the terms for its return.
Lease term: The start and end dates of the lease agreement.
Utilities: Which utilities are included in the rent and which are the tenant’s responsibility.
Use of premises: Any restrictions on the use of the premises, such as no pets or smoking.
Maintenance responsibilities: A clear outline of the maintenance responsibilities of both the landlord and tenant.
Quiet enjoyment: The tenant’s right to the peaceful and quiet enjoyment of the premises.
Dispute resolution: A process for resolving disputes between the landlord and tenant.
Landlord Responsibility:
Maintain habitable conditions: Landlords are legally obligated to ensure the property is habitable and safe for tenants. This includes keeping safe and clean living conditions, working plumbing, electricity and heating, ensuring structural soundness and providing adequate heat and hot water.
Return security deposit: Landlords are generally required to return the security deposit within 30 days of the tenant vacating the premises, minus any deductions for damages beyond normal wear and tear.
Comply with applicable laws: Landlords must comply with all applicable federal, state, and local laws, including fair housing laws, municipal registration rules, and rent control ordinances.
Tenant Responsibilities:
Pay rent on time: Rent is typically due on the first day of each month, unless otherwise specified in the lease agreement
Maintain the premises: Tenants are responsible for keeping the premises clean and free from damage caused by their negligence.
Adhere to lease terms: Tenants must abide by all the terms and conditions of the lease agreement.
Notify landlord of repairs: Tenants should promptly notify the landlord of any necessary repairs to the property.
Respect other tenants: Tenants are expected to respect the rights and privacy of other tenants in the building.
Eviction Procedures:
New Jersey law provides specific procedures that landlords must follow to evict a tenant. Landlords cannot simply lock a tenant out or remove their belongings. The evictions process typically involves the following steps:
Notice to Quit: The landlord must provide the tenant with a written ‘’Notice to Quit” before filing an eviction lawsuit. The required notice period varies depending on the reason for the eviction. Common reasons for eviction include non-payment of rent, lease violations, and damage to the property. Specific notice periods must be followed, and they are defined by the reason for the eviction.
Filing a Complaint: If the tenant does not vacate the property after the notice period expires, the landlord can file a complaint with the Special Civil Part of the Superior Court in the country where the property is located.
Court Hearding: The tenant will be served with a summons and complaint and will have the opportunity to appear in court to contest the eviction. Mediation will likely be held to try to get the parties to agree to a resolution. If no resolution, a hearing is held, where both the landlord and tenant can present evidence and testimony.
Judgement for Possession: If the judge rules in favor of the landlord, a “Judgement for Possession” will be entered. This gives the landlord the legal right to regain possession of the property.
Warrant for Removal: If the tenant still does not vacate the property, the landlord can obtain a “Warrant for Removal” from the court. This warrant authorizes a court officer to remove the tenant and their belongings from the property.
Important Considerations:
Landlords cannot use “self-help” eviction methods such as changing the lock or shutting off utilities.
Tenants have the right to defend themselves in court.
Retaliatory evictions are illegal.
Let Us Help!
Landlord-tenant rules in New Jersey are intricate and can be costly to navigate without proper legal guidance. Disputes concerning security deposits, eviction procedures, habitability issues, and lease interpretations can quickly escalate, leading to expensive litigation and potential financial losses for both landlords and tenants. To protect your rights and avoid costly mistakes, it is strongly recommended that you consult with an experienced New Jersey attorney who is knowledgeable about landlord-tenant law. The legal team at Sanchez Law can provide personalized advice, help to ensure compliance with applicable laws, and represent your interests effectively throughout any legal process. In addition to these services, Sanchez Law supports clients with, among other matters:
Residential Real Estate Transactions;
Commercial Real Estate Transactions;
Lease Negotiations; and
Basic Wills and Estates.
To learn more about our services from a member of our team, please contact us today. We look forward to hearing from you.