Free New Jersey Rental Lease Agreement


Sample New Jersey Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, New Jersey, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of New Jersey, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of New Jersey.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of New Jersey (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of New Jersey, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, New Jersey, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, New Jersey, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

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.

Security Deposit

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.

Where applicable;

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

    • Crime insurance

    • Abandonment of personal property

    • Statement of legal right

    • Flood-zone notification

    • Domestic violence situations

    • Landlord’s duties

    • Tenant’s duties

    • Lead Disclosure

    • Retaliation

Court Related

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.

Business Licenses

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.

Get your instant rental lease agreement in New Jersey here.

Sample

NJ Rental Lease Agreement

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