Create a residential lease agreement that meets all the requirements necessary in New Jersey State. Start today with the help of step-by-step instructions and our contract generator.
Last Update June 21st, 2022
- What is a New Jersey Residential Lease Agreement
- Types of New Jersey Lease Agreements
- Disclosures for New Jersey Lease Agreements
- New Jersey Lease Agreement Laws
- New Jersey Residential Lease Agreement Sample
- FAQs About New Jersey Lease Agreement
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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.
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. 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.
Window guard disclosure: The following disclosure must appear in the lease contract in bold font:
“The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.”
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. This must be returned to the tenant within 30 days of vacating the property and returning the keys. 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).
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.
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.
Further contact details: If the property is managed by anyone other than the landlord, tenants must be provided with their contact details so communications to the landlord can be properly handled.
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.
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.
Lease Agreement or Rental Agreement?
There is a key difference between a New Jersey lease agreement and an NJ rental agreement, which is the length of duration that they each cover.
Lease agreements are normally longer-term arrangements that can last several months or even years, in which their terms remain fixed. Rental agreements on the other hand are shorter-term in nature but are more flexible and may be changed on a weekly or monthly basis.
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.