Sample New Jersey Rental Lease Agreement
New Jersey Rental Lease Agreements
Imagine having to pay extra fees just because you overlooked come part of the rental laws or the landlord-tenant laws? Infuriating, isn’t it? Well, reading this article on the laws as well as the New Jersey rental lease agreements will keep you in the loop on all matters regarding lease agreements.
Official Rules and Regulations
Property – Landlord and Tenant - N.J. Stat. Ann. §§ 46:8-1 – 46:8-50)
Security Deposit Law - N.J. Stat. §§ 46:8-19 – 46:8-26
Landlord Identity Law - N.J. Stat. §§ 46:8-27 – 46:8-37
Truth-in-Renting Act - N.J. Stat. §§ 46:8-43 – 46:8-50
Reprisal Law - N.J. Stat. §§ 2A:42-10.10 – §§ 10.14
Administration of Civil and Criminal Justice – Landlord and Tenant - N.J. Stat. §§ 2A:42-1 – 2A:42-96
Limitation of Actions - N.J. Stat. §§ 2A:14-1
Evictions - N.J. Stat. §§ 2A:18-53 – §§ 2A:18-84
There also are unofficial statutes and guides on rental lease agreements for residential rental units in New Jersey.
Though security deposits are the norm for most leases, the state of New Jersey has some exclusion for the statutes that regulate the security deposits. In this cases, security deposits don’t apply to owner-occupied premises with a maximum of two rental units and where the tenant fails to provide a 30-days written notice to the landlord, invoking the provisions of this act.
The security deposit maximum equals to one and a half month’s rent
A security deposit interest is required. The interest on the deposit or the prepaid rent will remain the property of the tenant and shall be payable to the tenant only in cash, or even credited towards due rent, upon renewal of a lease, and if notified, in writing, before the anniversary – on 31st January.
There should be a separate security deposit bank account, and all the deposit money should be deposited or even invested in one interest-bearing, or a dividend yielding account. This is to be done only if the statutory requirements are met.
No statute stipulates pet deposits. Therefore, pet deposits are allowed, as long as the total deposit doesn’t exceed one and one-half the month’s rent.
No statute is available for non-refundable fees
The deadline for returning the security deposit is 30 days after the termination of the lease. The interest accumulated is also payable upon the termination of the lease.
There is no statute outlining the permitted uses of the security deposit. However, it is typical to find a portion or all of the deposit being used for actual damages.
The landlord should prepare a written description or an itemized list of damages and charges. Also, earnings on the security deposit and any deduction should be itemized, and the tenant notified through a personal delivery.
No statute outlines the need for record keeping of the deposit withholdings
In the 30 days after the receipt of the security deposit, the landlord should notify the tenant the name and the address of the financial institution holding the deposit.
Non-compliance: if the landlord fails to follow the set regulations, the tenant could be award almost double the said amount and the reasonable attorney fees.
Lease, Rent, and Fees
Rent is due only as stated in the lease
The rent increase notice is necessary. Before issuing the notice, the landlord should give the tenant a written notice to quit plus a notice of an increase in rent. The notice should be at least 30 days before the rent increase, or as stated in the lease
The rent grace period is 5 business days only if the dwelling is rented out to senior citizens receiving social security and other pension payments.
The late fees charged have to be explicitly stated by the landlord.
No statute governs prepaid rent
For returned check fees, the payee can charge as high as $100 or triple the face amount (not exceeding $500 or which is greater) 35 days after the demand for remedy of the returned check.
The tenant can withhold rent if the landlord fails to provide essential services like heat and water.
A tenant can repair and deduct rent
In case of eviction for nonpayment, the landlord can recover the court and attorney fees.
There is no statute for abandonment fees or if the landlord should make a reasonable attempt to mitigate the damages to the lessee.
Notices and Entry
Tenancies with fixed end dates do not require termination notices
For termination of yearly, monthly and weekly leases, written notice is required for 3 months, 1 month and 7 days respectively.
For 24-hour termination or notices for date and time of move-out inspections, no statutes apply.
Immediate termination is acceptable in case of nonpayment unless the landlord accepted late rent previously where a 30-day notice will suffice.
A 30-day notice is given for lease violations and 3-days for disorderly conduct or injury to the premises
Holdover tenant pays double the normal rent if they fail to move at the end of the quit notice or tenancy termination.
A reasonable notification is ideal for entry and entry in case of non-emergency repairs and maintenance.
No law governs entry notices for showings, entry after an extended absence or pesticide use.
Utility shutoffs and lockouts aren’t allowed
Disclosures and Miscellaneous Notes
Names and addresses
The minimum temperature
Abandonment of personal property
Statement of legal right
Domestic violence situations
Small Claims Court
In the New Jersey rental lease agreement, you will notice that the court limits stands at $3,000 and $5,000 if the action is against the landlord. Eviction cases aren’t allowed
The Statute of Limitations allows written and oral contracts for 6 years.
A landlord identity registration is required for landlord owning one or two family non-owner occupied-house
There are no state-wide statutes on business licenses, but the local counties may need the license
A bureau is responsible for ensuring that multiple-family buildings and hotels have the 5-year safety inspection.
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NJ Rental Lease Agreement
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