Know your rights as a renter in New Jersey. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under New Jersey law.
Legal basis: New Jersey landlord-tenant law — New Jersey Statutes
30 days5 business days after a fire, flood, condemnation or evacuation
Interest on deposits required
Separate escrow account not required
Deposit & Fee Details
Penalties, interest & late-fee rules under New Jersey law
Security deposit protections
If your deposit is wrongfully or late returned
Landlord may owe the deposit plus interest, plus up to double the amount wrongfully withheld.
Interest on your deposit is required
Annual interest required; must be held in an interest-bearing account or invested in a money market fund.
Late-fee rules
Grace period
No general statutory grace period; a 5-business-day grace period is required by statute only for senior citizens receiving Social Security Old Age/Railroad Retirement/other governmental pensions in lieu of Social Security, and for recipients of SSDI, SSI, or Work First NJ benefits (N.J.S.A. 2A:42-6.1 & 2A:42-6.3).
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Governing statute: N.J. Stat. § 2A:42-6.1
Landlord Entry Rights
Your privacy protections
Required Notice Period
1 day (3+ units)
a state regulation for code inspections and repairs in buildings with 3 or more units (N.J.A.C. 5:10-5.1(c)); no statute
In New Jersey, this notice does not apply to every entry. In buildings with 3 or more units, a state regulation requires one day's notice for code inspections and repairs (N.J.A.C. 5:10-5.1(c)). No New Jersey statute sets entry notice.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
More New Jersey Tenant Protections
How much notice is required to raise rent in New Jersey?
One month's notice; local rent control
•An increase can be enforced only after a notice to quit and notice of the increase, one month for month-to-month (N.J.S.A. 2A:18-61.1(f), 2A:18-56(b))
•The increase may not be unconscionable and must follow any local rent control ordinance (N.J.S.A. 2A:18-61.1(f))
•No statewide cap; many towns have rent control
Legal basis: N.J.S.A. 2A:18-61.1(f); 2A:18-56(b)
How long does a landlord have to make repairs in New Jersey?
No set deadline in statute
•No New Jersey statute sets a repair deadline (N.J.S.A. 2A:42-90)
•If the landlord takes no action within a reasonable time, tenants can ask a court to have rent paid to the court clerk and used for repairs (N.J.S.A. 2A:42-87, 2A:42-90)
•Covers no heat, running water, light, electricity or sewage, housing-code violations, or anything dangerous to health or safety (N.J.S.A. 2A:42-88)
•Rent paid to the clerk under the court's judgment is a defense to eviction for nonpayment (N.J.S.A. 2A:42-92)
•Does not apply to owner-occupied buildings with two or fewer rental units (N.J.S.A. 2A:42-86)
Legal basis: N.J.S.A. 2A:42-85 to -96
Can a landlord retaliate against a tenant in New Jersey?
Protected
•Strong protections
•Cannot evict for complaints
•Document communications
Legal basis: NJ Stat § 2A:42-10.10
Can a domestic violence survivor break a lease in New Jersey?
30 days after notice
•A victim of domestic violence may end the lease when you or your child face an imminent threat of serious physical harm from a named person if you stay
•Give written notice with a permanent restraining order, a law enforcement record, medical documentation, or a certification from a domestic violence specialist or licensed social worker
•The lease ends 30 days after the landlord receives the notice; rent is prorated and the deposit comes back within 15 business days
•You cannot waive these rights in the lease
Legal basis: NJ Stat § 46:8-9.6
Can a landlord lock you out or shut off utilities in New Jersey?
Self-help illegal
•Self-help evictions illegal
•Court process required
•Strong protections
Legal basis: NJ Stat § 2A:39-1
Did You Know?
Important facts about New Jersey rental law
1
New Jersey limits security deposits to 1.5 months' rent.
2
New Jersey landlords must return deposits within 30 days of move-out.
3
New Jersey landlords must pay interest on deposits annually.
4
New Jersey has strong rent control protections in many municipalities.
In New Jersey, the security deposit limit is 1.5 months' rent.
How long does a landlord have to return a security deposit in New Jersey?
New Jersey landlords must return security deposits within 30 days after you move out (5 business days after a fire, flood, condemnation or evacuation).
How much notice must a landlord give before entering in New Jersey?
In buildings with 3 or more units, a state regulation requires one day's notice for code inspections and repairs (N.J.A.C. 5:10-5.1(c)). No New Jersey statute sets entry notice.
How much can a landlord charge for a late fee in New Jersey?
Late fees in New Jersey: No statutory cap. No general statutory grace period; a 5-business-day grace period is required by statute only for senior citizens receiving Social Security Old Age/Railroad Retirement/other governmental pensions in lieu of Social Security, and for recipients of SSDI, SSI, or Work First NJ benefits (N.J.S.A. 2A:42-6.1 & 2A:42-6.3)..
How much notice is required to raise rent in New Jersey?
One month's notice; local rent control. An increase can be enforced only after a notice to quit and notice of the increase, one month for month-to-month (N.J.S.A. 2A:18-61.1(f), 2A:18-56(b)). The increase may not be unconscionable and must follow any local rent control ordinance (N.J.S.A. 2A:18-61.1(f)). No statewide cap; many towns have rent control. Source: N.J.S.A. 2A:18-61.1(f); 2A:18-56(b).
How long does a landlord have to make repairs in New Jersey?
No set deadline in statute. No New Jersey statute sets a repair deadline (N.J.S.A. 2A:42-90). If the landlord takes no action within a reasonable time, tenants can ask a court to have rent paid to the court clerk and used for repairs (N.J.S.A. 2A:42-87, 2A:42-90). Covers no heat, running water, light, electricity or sewage, housing-code violations, or anything dangerous to health or safety (N.J.S.A. 2A:42-88). Rent paid to the clerk under the court's judgment is a defense to eviction for nonpayment (N.J.S.A. 2A:42-92). Does not apply to owner-occupied buildings with two or fewer rental units (N.J.S.A. 2A:42-86). Source: N.J.S.A. 2A:42-85 to -96.
Can a landlord retaliate against a tenant in New Jersey?
Protected. Strong protections. Cannot evict for complaints. Document communications. Source: NJ Stat § 2A:42-10.10.
Can a domestic violence survivor break a lease in New Jersey?
30 days after notice. A victim of domestic violence may end the lease when you or your child face an imminent threat of serious physical harm from a named person if you stay. Give written notice with a permanent restraining order, a law enforcement record, medical documentation, or a certification from a domestic violence specialist or licensed social worker. The lease ends 30 days after the landlord receives the notice; rent is prorated and the deposit comes back within 15 business days. You cannot waive these rights in the lease. Source: NJ Stat § 46:8-9.6.
Can a landlord lock you out or shut off utilities in New Jersey?
Self-help illegal. Self-help evictions illegal. Court process required. Strong protections. Source: NJ Stat § 2A:39-1.
What are my rights as a tenant in New Jersey?
New Jersey tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against New Jersey law.
More for New Jersey renters
Common tenant-rights questions
Plain-language answers that apply in New Jersey and beyond