New Jersey Lease Agreement

A New Jersey lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities.

To be legally valid, the lease must follow New Jersey Landlord-Tenant laws (New Jersey Revised Statutes Title 46). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in New Jersey commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 30 days’ written notice to terminate or modify the lease.
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a New Jersey lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms: Deposit amount, refund policy, deductions.
• The security-deposit amount, which cannot exceed 1.5 months’ rent (NJ Rev Stat § 46:8-21.2)
• New Jersey requires landlords to keep security deposits separate and in an interest-bearing account (NJ Rev Stat § 46:8-19)
• Tenants must receive written notice within 30 days with the bank name, account type, amount, and interest rate.
• All interest belongs to the tenant and must be paid yearly.
• If the landlord doesn’t follow the rules, the tenant may apply the deposit + 7% interest toward rent.
• The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of deductions (NJ Rev Stat § 46:8-21.1).

New Jersey Required Disclosures:

• Lead-based paint disclosures (for properties built before 1978)
• Truth-in-Renting Guide (Required for buildings with ≥2 units) Landlords must provide tenants with the Truth-in-Renting booklet (NJ Rev Stat § 46:8-43 – 49).
• Flood Zone Disclosure Landlords must notify tenants if the property is in a FEMA-designated flood zone (NJ Rev Stat § 46:8-50).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under New Jersey law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends, unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Either party can end it with 30 days’ written notice, and landlords can adjust terms for the next month if they give proper notice.

No, under New Jersey Landlord-Tenant laws (NJ Rev Stat § 46:8), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it.

For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 30 days’ written notice before the next rental period begins.

If a tenant ends their lease early in New Jersey, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant.

Under New Jersey Landlord-Tenant laws (NJ Rev Stat § 46:8) landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In New Jersey, lease renewal or termination depends on the type of tenancy:

Fixed-Term Lease:

• Ends automatically on the stated end date unless both parties agree to renew.
• Renewals should always be done in writing, either through a new lease or a signed addendum.
• A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there’s a legal reason.

Month-to-Month Lease:

• Automatically renews each month until someone gives proper notice.
• Either landlord or tenant can end the agreement with 30 days’ written notice before the next rental period begins.

Yes, a New Jersey lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing.

Any changes should be added as a lease addendum that clearly describes what’s being modified (for example, a rent change, pet policy, or added occupant). Both parties must sign and date the addendum to make it legally binding and must comply with New Jersey Landlord-Tenant laws (NJ Rev Stat § 46:8).