New Jersey Month-to-Month Lease Agreement

Required Landlord Disclosures (4) 

Disclosures are an essential part of the lease signing process as they allow landlords to make certain information available to tenants when they move into a new unit. In New Jersey, landlords must disclose the following:

1. Lead paint: Federal law requires landlords to disclose the knowledge or existence of any lead-based paint or lead-based paint hazards in units constructed before 1978.

2. Truth in Renting Act: New Jersey landlords must provide tenants a copy of the Truth in Renting template statement when moving in. It’s a list of legal rights and responsibilities for landlords and tenants (NJSA § 46:8-47).

3. Flood zone: Landlords must tell tenants if the rental property is in a flood zone (NJSA § 46:8-50).

4. Window guards: Landlords who manage buildings with multiple units must disclose to tenants that New Jersey law requires them to provide, install, and maintain window guards in any units with children 10 years old and younger (NJAC § 5:10-27.1(c)).

Don’t let disclosures scare you off. TurboTenant includes them with each lease agreement, whether you choose a fixed-term, month-to-month, or room rental agreement.

Required Notice to Terminate Month-to-Month Agreement

Since a month-to-month rental agreement has no fixed end date, each state has different rules around ending one.

Required notice for landlord: 30 days’ written notice.

Legal note: New Jersey landlords must have “just cause” to terminate the agreement. In other words, they must have a qualifying reason to do so.

Just cause reasons include:

• Nonpayment of rent
• Violation or breach of lease terms
• Illegal activity on the premises

No-fault reasons include:

• Demolition or conversion of the property
• Substantial repairs or renovations
• The landlord or family member moving into the unit
• Intent to sell the property

Required notice for tenant: 30 days’ written notice.

Rent Increase Laws

For a fixed-term lease, landlords cannot raise the rent until the expiration of that term. On the other hand, month-to-month leases give a landlord more flexibility and control over how and when to raise the rent. There are no statewide limits on rent increases and no rent control in the state, although some local jurisdictions have passed rent control laws.

In short, landlords in New Jersey are legally allowed to raise the rent on a month-to-month lease agreement as often as they like, as long as they give the tenant 30 days’ written notice.

Rent Payment Laws

Grace period: New Jersey law does not require a grace period except for senior citizens. Landlords must give them a 5-day grace period (NJSA § 2A:42-6.1).

Late rent fees: New Jersey has no limits on late fees.

Tenant’s right to withhold rent: If landlords do not keep a property in habitable condition, tenants may repair the problem and deduct the cost from the next rent payment.

Pet rent laws: There is no statutory requirement on pet rent in New Jersey.

Security Deposit Rules

Maximum security deposit: New Jersey landlords can charge up to 1.5 month’s rent for security deposits (NJSA § 46:8-21.2).

Security deposit receipt: New Jersey landlords must give tenants a receipt for the security deposit. It must include the name and address of the bank holding it and the interest rate within 30 days of receiving the funds (NJSA § 46:8-19(c)).

Interest: If the account in which the landlord keeps the security deposit bears interest, that interest belongs to the tenant. They can pay the tenant the interest in cash or credit it towards a rent payment (NJSA § 46:8-19(c)).

Deduction tracking: Landlords may deduct funds from the security deposit to pay for cleaning or repairs beyond normal wear and tear. They must provide an itemized list of those deductions (NJSA § 46:8-21.1).

Returning a tenant’s security deposit: Landlords must return security deposits within 30 days of the tenant’s move-out (NJSA § 46:8-21.1(3)).

Pet deposit rules: New Jersey landlords can charge a pet deposit, but it cannot exceed the overall limit of 1.5 times the total rent when combined with the unit’s security deposit.

Property Access Regulations

Advance notice: New Jersey requires at least 24 hours advance notice before entering a tenant’s unit.

Immediate access for emergencies: No laws limit landlord access to a tenant’s unit.

Landlord harassment: If a landlord harasses a tenant in New Jersey, the tenant may be able to seek a court injunction to stop the behavior, sue for damages, or potentially end the lease early without penalty.

Rental Agreement Violations

Missed Rent Payment: When a tenant misses a rent payment, it can immediately be considered late unless the tenant is a senior citizen. Landlords aren’t required to provide notice, and the landlord can immediately begin the eviction process.

Lease Violation: Landlords must grant tenants a Notice to Cease and provide a reasonable amount of time for the tenant to cure the violation. If the tenant doesn’t cure the violation, the landlord can deliver a 1-month Notice to Quit (NJSA § 2A:18-61.2(3)(b)).

Self-Help Evictions: Landlords should never attempt to evict tenants on their own, as this could be considered an illegal self-help eviction.

Lease Abandonment: If a tenant leaves the property before the lease ends, they may be responsible for the remaining rent on the lease term and other damages until the landlord re-rents the unit.