Free New Jersey Residential Lease Agreement Form

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What is a New Jersey Residential Lease Agreement

An NJ lease agreement is a legally binding contract between a landlord and a tenant. This is written to conform to state laws where the property is located. In New Jersey these allow both parties to comply with a series of set terms for a specified number of months or years.

Rental contracts and lease agreements have a lot of similarities as they both set out payment plans and the terms of use for a house or apartment. However, the big difference is the duration that they cover. Rental agreements usually only cover short-term tenancies of a few months at a time or month-to-month contracts.

A lease agreement should contain the following details:

  • How long the tenant may legally reside in the property
  • How much rent should be paid
  • Information about the security deposits necessary
  • When rental installments are due
  • Any additional costs that must be serviced by the tenant
  • The rules regarding the proper use of the property
  • Situations that constitute a lease violation eviction procedures

Types of New Jersey Lease Agreements

There are many types of New Jersey lease agreement forms that can be used to manage and legally bind many different types of rental situations. They allow landlords to rent out various types of property they might have and for tenants to find the best kind of tenancy for their needs.

The most common types of lease agreements in New Jersey include:

  • Standard residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
  • Lease with option to purchase (rent-to-own) agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. They must pay a sum of money each month, in addition to rent, to cover the costs of the principal.
  • Month-to-month rental agreements: Month-to-month NJ lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
  • Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
  • Room rental (roommate) agreements: In rental properties with shared living areas a room rental agreement can be used to rent a singular bedroom.
  • Sublease Agreement: A New Jersey sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.

Disclosures for New Jersey Lease Agreements

New Jersey lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property or details about how the property is managed that they must be aware of. 

These essential addendums include the following: 

  • Flood zone disclosure: Tenants must be informed if the property they are renting is located in a flood zone (NJ Stat. § 46:8-50). Landlords can learn whether this is the case by using the FEMA Flood Zone Lookup Tool. This rule also applies to landlords who hold owner-occupied property with up to 3 dwelling units or residential or commercial property owners with up to 2 non-dwelling units.
  • Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
  • Truth in Renting Act: New Jersey landlords must provide their tenants with information on the Truth in Renting Act and inform residents where they may find further material and publications on these laws  (NJ Stat.§ 46:8-45).
  • Window guard disclosure: Landlords must provide and maintain window guards in an apartment if a child aged 10 or younger lives there or is regularly present for a substantial period of time, provided the tenant has made the request in written form. The disclosure must appear in the agreement in bold font (NJ Admin Code § 5:10-27.1).

New Jersey Lease Agreement Laws

An NJ lease agreement must be written and signed within the laws of New Jersey state, otherwise, it will be legally contestable and can be declared invalid and block either party from recourse if a violation is committed. These will police how you start and end the contract and control what procedures you can reasonably ask a tenant to follow.

The most important laws to consider when you are renting a property in New Jersey include:

  • Security deposits: New Jersey landlords may charge no more than one and a half months’ rent if the property is a non-rent control unit (NJ Stat. § 46:8-21.2). This must be returned to the tenant within 30 days of vacating the property and returning the keys (NJ Stat. § 46:8-21.1). Landlords must also give advance notice of any deductions.
  • Landlord’s right to enter: Landlords can enter the rental property by giving 24 hours’ advance notice (a written notice is recommended). (NJ Admin Code.§ 5:10-5.1).
  • Utilities: Between the months of October and May every habitable unit and room on the property must maintain a minimum temperature of 68 degrees Fahrenheit between 6:00 am and 11:00 pm. Additionally, a minimum temperature of 65 degrees Fahrenheit must be maintained at all times between 11:00 pm and 6:00 am (NJ Admin Code § 5:10-14.4 (a)).
  • Crime insurance: Landlords must provide tenants with information about crime insurance in accordance with the Federal Crime Insurance Program. They must also disclose where applications for this kind of insurance may be obtained.
  • Late rent A late fee should be reasonable in comparison to the Landlord's expenses that result from a late payment.
  • NSF Check In the event that a tenant's rent check bounces, the landlord may charge a fee of up to $20 per check. This fee is determined by ordinance of the governing authority (NJ Stat. 2A:32A-1).

New Jersey Residential Lease Agreement Sample

Before beginning the process of creating a residential lease agreement in New Jersey it is sensible to review an example document first. Use our New Jersey lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

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New Jersey Lease Agreement Sample

FAQs About New Jersey Lease Agreement

It is important to carefully prepare a New Jersey lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in New Jersey.

How Much Notice Does a Landlord Have to Give a Tenant to Move Out in NJ?

When terminating a month-to-month lease, Landlords are required to give tenants a written notice of termination at least one full month in advance. 

Most yearly leases require the landlord to give a 60 to 90-day notice unless otherwise stated in the Rental Lease Agreement. 

If a tenant does not move out after receiving a notice of termination, the landlord can file an eviction lawsuit against the tenant.

How to Write an NJ Lease Termination Letter?

If either the landlord or tenant for any reason needs to terminate a New Jersey lease agreement early, they must provide the correct amount of notice in a written NJ lease termination letter.

This letter needs to contain the following information:

  • The name of the landlord and the tenant
  • The date the letter has been written and signed
  • The name and address of the property in question
  • Information explaining why the tenancy needs to be terminated early
  • The reason the lease is being broken
  • The date that the resident will vacate the property
  • Acknowledgment of any penalties that will be incurred
  • Signature of the signing party

Do I Need to Notarize my New Jersey Residential Lease Agreement?

It is not necessary to notarize a New Jersey residential lease agreement. However, whilst this might not be a legal requirement in New Jersey state, signees are still advised to consider this step to provide further legal enforceability.

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New Jersey Lease Agreement Sample

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NEW JERSEY
RESIDENTIAL LEASE AGREEMENT
This Lease Agreement (hereinafter, the "Lease Agreement") is dated as of _________ (hereinafter, the "Effective Date") and is entered into by and between _________ (hereinafter, the "Landlord") and the following residents:
_________

(hereinafter, the "Tenant(s)").

The Landlord and Tenant(s) agree as follows:
1. PROPERTY

The Landlord rents to the Tenant(s) and the Tenant(s) rents from the Landlord a certain real property and improvements described below, according to the terms and conditions described in this Lease Agreement.

A house located at _________, _________, New Jersey, _________ (hereinafter, the "Property").

Unless otherwise indicated in the Lease Agreement, no other portion of the Building (hereinafter, the "Building") wherein the Property is located is included in the Lease.
2. MANAGEMENT

The Tenant(s) is hereby notified that the Owner or Landlord _________ is the property manager in charge of repairs or maintenance of the Property.

If the Tenant(s) has any complaint regarding any issue about the Property, _________ shall be contacted by one of the following methods:

Address: _________
Telephone: _________
Email: _________
3. TERM

The term of this Lease Agreement begins on _________ (hereinafter, the "Commencement Date") and shall terminate on _________ (hereinafter, the "Termination Date").
Upon the Termination Date, the Tenant(s) shall be required to vacate the Property unless one of the following circumstances occur: (i) The Landlord and the Tenant(s) formally extend this Lease Agreement in writing or create, execute and sign a new one; (ii) Mandated by local rent control law; or (iii) The Landlord willingly accepts new Rent from the Tenant(s), which does not constitute past due Rent. In this case, a month-to-month tenancy shall be created, which the Tenant(s) may terminate by giving written notice at least 30 days prior to the intended termination date.

All other terms and conditions of this Agreement shall remain in full force and effect.
4. RENT

The Tenant(s) shall pay the Landlord monthly rent in the amount of $_________ (hereinafter, the "Rent") for each full month during this lease.

The full month's rent is due and payable not later than the _________ day of each month lease period.

The Landlord may not increase the Tenant(s) rent during the initial term of this Lease Agreement. However, the Landlord may increase the rent that is payable on a month-to-month renewal period by providing at least 30 days' written notice to the Tenant(s).

Please Take Notice that mail delays will not excuse the Tenant(s)'s obligation to pay the rent in a timely manner.
Place of Payment:

The Tenant(s) shall remit all rent payment amounts owed to the Landlord under this Lease Agreement to the Landlord and make all amounts payable to the following address:

     _________

The Landlord may later change the person and place to which the Tenant(s) must remit the rental amounts due under this Lease Agreement.

Please Take Notice that you must place the Property address and the Tenant(s)'s name on all payments.
Method of Payment:

The Tenant(s) shall pay all rent by selecting any of the following forms of payment (select one or more):
5. OCCUPANTS

During the Term of this Lease Agreement, the only individuals the Tenant(s) may permit to reside on the Property are the following:

     _________
The Tenant(s) may not permit any guest to stay on the Property longer than _________ consecutive day(s) or _________ day(s) in a calendar year. The Tenant(s)'s guests shall not be considered original occupants of the Property under any circumstances.

The amount of time the Tenant(s) guests may stay on the Property may never be longer than the time permitted by any owners' association rule or restrictive covenant or _________ day(s) without the Landlord's written permission, whichever is less.
6. PARKING

Parking spaces for motor vehicles or motorcycles are not provided nor permitted on the Property under this Lease Agreement.
7. MAINTENANCE

The Landlord shall maintain the Property at all times and perform all repairs reasonably necessary. The primary duty of the landlord shall be to meet the implied warranty of habitability of the Property, that is, that the Property is in a safe, livable condition.
Additionally, during the Term of this Lease Agreement and any renewal thereof, the Tenant(s) shall:

(1) Keep the Property clean and safe, use all electrical, plumbing, heating, ventilating, and air conditioning facilities and appliances in a reasonable manner.

(2) Repair any damage arising from the act or negligence of Tenant, Occupants, or guests, agents, visitors, and invitees, at the Tenant(s)'s expense.

(3) Surrender the Property in as good order and condition as when received, reasonable wear and tear excepted, upon the termination of this Lease Agreement.

(4) Immediately notify the Landlord, in writing, of any problem, malfunction or damage; otherwise, the Tenant(s) will be liable for the costs of any such damage, which might have been avoided had the Tenant promptly notified the Landlord of the defect.
8. REPAIRS

All requests for repairs must be in writing and delivered to the Landlord. Only in the event of an emergency related to the condition of the Property that materially affects the physical health or safety of an ordinary tenant, the Tenant(s) may call the Landlord.

The Tenant(s) may not repair or cause to be repaired any condition, regardless of the cause, without the Landlord's permission. All decisions regarding repairs, including the completion of any repair, whether to repair or replace the item, and the selection of contractors, will be at the Landlord's sole discretion.

The Landlord does not have a duty to repair or remedy a condition if:

(1) The Tenant(s) is delinquent in rent at the time a repair notice is given.

(2) The condition was caused by the Tenant(s), a member of the Tenant(s)'s family, or a guest or invitee of the Tenant(s) (unless the condition was caused by normal wear and tear).

The parties agree that 7 days is a reasonable time for the Landlord to make a diligent effort to repair a condition unless there are circumstances that establish that a different time is appropriate (such as the severity and nature of the condition and the availability of materials, labor, and utilities).

If in an emergency, it shall become necessary to make any repairs or replacements by the Tenant(s) without prior written consent from the Landlord, at the Landlord's expenses, and such repairs or replacements are found to be unsatisfactory and to have caused additional damages, the Tenant(s) shall reimburse the Landlord for the cost of making such repairs.
9. UTILITIES AND SERVICES

The Tenant(s) shall be solely responsible for and shall pay expenses for all utilities and services used or consumed at the Property.
10. DEFAULTS

Under New Jersey Revised Statutes § 2A:42-6.1, § 2A:18-61.1, and 2A:18-61.2:

(i) The Landlord shall allow the Tenant(s) a (5) five business days grace period to pay rent due. If the Tenant(s) fails to pay within that period, the Landlord may terminate the Tenant(s)'s right to use and to occupy the Property by providing a written Notice to Quit.

(ii) The Landlord may terminate the Tenant(s)'s right to use and occupy the Property for violating any material provision of this Lease Agreement by giving such Tenant(s) a Notice to Cease. If the Tenant(s) refuses to comply after said Notice to Cease, the Landlord may evict the Tenant(s) after providing a written (30) thirty days notice to vacate the Property.

(iii) The Landlord may also terminate the Tenant(s)'s right to use and occupy the Property for disorderly conduct, gross negligence or willfully causing property damage, by providing a (3) three days notice to quit.

The rights provided by this paragraph are cumulative and are in addition to any other rights afforded by law.
11. ALTERATIONS AND IMPROVEMENTS

The Tenant(s) shall not make any alterations, additions, redecorations, or any sort of improvements on the leased Property without the Landlord's prior written consent. All additions, alterations, fixtures, or improvements made by the Tenant(s), except movable household furniture, shall become the Landlord's property and remain on the Property and shall be surrendered with the leased premises at the Termination of this Lease Agreement.
12. HAZARDOUS MATERIALS

The Tenant(s) shall not keep or have on the Property any article or item of a dangerous, flammable, or explosive material on the Property that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
13. LANDLORD ACCESS TO PROPERTY

The Landlord and the Landlord's agents shall have the right at all reasonable times, and by all reasonable means during the term of this Lease Agreement and any renewal thereof, to enter the Property for the following purposes:

(i) Survey the Property's condition and take photographs to document the condition.

(ii) Make repairs or improvements to the Property.

(iii) Supply agreed on services.

(iv) Show the Property to prospective buyers or tenants.

(v) Exercise a contractual or statutory lien.

(vi) Leave a written notice.

(vii) Seize nonexempt property if the Tenant(s) is in default.

Except in case of emergency, the Landlord will give the Tenant(s) reasonable notice of intent to enter. For these purposes, twenty-four (24) hour written notice will be deemed reasonable.
14. CHILD PROTECTION WINDOW GUARD OPTION

Pursuant to New Jersey Revised Statutes § 55:13A-7.14, to protect children 10 years of age or younger from falling out of windows, the Landlord has a responsibility to provide protective guards to the Tenant(s) upon written request. The Tenant(s) may only provide to the Landlord a written request for window guards on windows placed in public halls above the first floor if such Tenant(s) has direct access to the window.

The price for the installation of the window guards may not exceed $20.
15. COMPLIANCE WITH REGULATIONS

The Tenant(s) agrees that, during the term of the Agreement, will promptly comply with any present and future laws, ordinances, orders, rules, regulations, and requirements of the Federal, State, County, City, and Municipal government or any of their departments, bureaus, boards, commissions, and officials thereof concerning the Property, or the use or occupancy thereof, whether said compliance shall be ordered or directed to or against the Tenant, the Landlord, or both.
16. SUBORDINATION OF LEASE

This Lease Agreement and the Tenant(s)'s interest are and shall be subject, subordinate, and inferior to any and all mortgages, liens, or encumbrances now or later placed on the Property by the Landlord, all advances made herein under any such lien, mortgages or encumbrances, including, but not limited to, future advances, the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions, encumbrances or modifications, any restrictive covenant and the right of any owners' association affecting the Property.
17. TRUTH IN RENTING

Under New Jersey Revised Statutes §46: 8-45 the Landlord is required to provide to the Tenant(s) a copy of the Truth in Renting information. The Tenant(s) recognizes receipt of the Truth in Renting information as required by New Jersey Law.
DISCLOSURE OF INFORMATION ON TRUTH IN RENTING GUIDE

THIS AGREEMENT made and entered into between _________, "the Landlord" and _________, "Tenant(s)". The Tenant(s) is renting from Landlord the Property located at: _________, _________, New Jersey _________

TENANT'S ACKNOWLEDGEMENT:

(initial) ________ Tenant has received a copy of the Truth in Renting Guide
18. NOTICES

Notice required by statute will be given following the applicable statute. All other notices shall be deemed sufficient if made as follows:

- All notices to the Landlord shall be directed by personal delivery or first-class mail to the Landlord at the appropriate address set forth below, until Tenant is notified, in writing, to the contrary.

- All notices to Tenant shall be directed by personal delivery or first-class mail to Tenant at the Leased Property or any forwarding address provided in writing by Tenant to the Landlord.
Landlord:

_________
Tenant:

_________
_________, _________, New Jersey _________

Such addresses may be changed from time to time by any party by providing notice as set forth above.
19. GOVERNING LAW

This Lease Agreement shall be governed, construed, and interpreted by the Laws of the State of New Jersey.
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
Landlord:

By: ___________________________ Date: __________________
     _________
Tenant:

By: ___________________________ Date: __________________
     _________
New Jersey Lease Agreement
Inspection Checklist
Address: _________, _________, New Jersey _________

The Tenant(s) has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
SATISFACTORYCOMMENTS
Bathrooms  __________________________________
Carpeting  __________________________________
Ceilings  __________________________________
Closets  __________________________________
Countertops  __________________________________
Dishwasher  __________________________________
Disposal  __________________________________
Doors  __________________________________
Fireplace  __________________________________
Lights  __________________________________
Locks  __________________________________
Refrigerator  __________________________________
Screens  __________________________________
Stove  __________________________________
Walls  __________________________________
Windows  __________________________________
Window coverings  __________________________________
___________________________________________
___________________________________________



_____________________

Date

Tenant:

By: ___________________________________ Date: __________________
     _________
Acknowledged by Landlord:

By: ___________________________________ Date: __________________
     _________
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