- New Jersey allows landlords and tenants to enter into written and oral lease agreements. For written lease agreements, landlords must use plain language that is easily understandable to the average tenant in the state. All lease agreements typically contain the term of the tenancy created between the landlord and tenant. If there is no specific length in the lease agreement, New Jersey's default contract laws view the rental term as a month-to-month tenancy if the tenant pays rent monthly.
- New Jersey landlords can only collect limited security deposit amounts from tenants. Landlords can collect one and one-half the monthly rental fee as a security deposit. The Rent Security Deposit Act of New Jersey requires landlords to place all security deposits in an escrow-bearing account and provide the tenant with notice of the account's location and current interest rates within 30 days of payment. Landlords have 30 days after a tenant moves out to return the security deposit plus accrued interest, less itemized deductions.
- To terminate a monthly lease, landlords and tenants must provide each other with written notice to terminate the lease to prevent automatic renewal of another month's lease agreement. Each party must provide at least one month written notice of intent not to renew before the month begins. For example, tenants who pay rent by the first of each month must provide written notice to the landlord by July 1 if the tenant wants to move out by July 31. If the tenant does not provide the notice by July 1, then the tenant must pay rent for August.
- If the landlord's lease agreement allows rental increases, the landlord must provide written notice of a rental increase to a monthly tenant at least one full month before the increase. The tenant must have the choice of ending the lease agreement or staying and paying the increased amount. Tenants who stay without paying the increase can be sued for eviction by the landlord with an eviction complaint.
- For all evictions except nonpayment of rent, landlords must provide written notice to the tenant of his intent to evict the tenant. The notice must state the exact reasons for eviction and what the tenant may do to comply with the landlord's eviction notice to prevent an eviction. The time required for notice before the landlord can evict a tenant depends upon the reason for eviction. If the landlord seeks to evict a monthly tenant for breaching a lease rule, then the landlord must provide the monthly tenant with a notice of eviction at least one month before the landlord can take affirmative steps to evict the tenant legally. However, for nonpayment of rent, landlords do not need to send tenants notice prior to filing for an eviction in court.
- Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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