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New Jersey

A New Jersey residential lease agreement is a legally binding contract between a landlord and a tenant for the rental of residential property. This agreement outlines the terms and conditions of the tenancy, including the duration of the lease, rent payment details, and the responsibilities of both parties.

Rental Application

A rental application is utilized by landlords to assess the viability and reliability of prospective tenants. This form requires applicants to provide their rental and employment history and consent to a background check.

Required Disclosures

New Jersey law mandates specific disclosures that must be included in residential lease agreements:

  1. Flood Risk: Landlords must disclose whether the property is located in a FEMA special flood hazard area or a moderate risk flood hazard area. This information can be verified through the FEMA Flood Map Service Center.

  2. Flood Insurance Notice: Leases must inform tenants that flood insurance may be available through FEMA’s National Flood Insurance Program to cover personal property and contents in case of a flood. Standard renter’s insurance typically does not cover flood damage.

  3. Lead-Based Paint Disclosure: For properties built before 1978, landlords must disclose the potential presence of lead-based paint and provide an EPA pamphlet regarding lead hazards.

  4. Truth in Renting Act: Tenants must receive an explanation of their rights and responsibilities as defined by the Department of Community Affairs.

  5. Window Guard Disclosure: Leases must include a notice in bold font stating that landlords are required to provide, install, and maintain window guards if a child aged 10 or younger resides in the apartment or is regularly present, upon written request from the tenant.

  6. Emergency Contact Information: For multiple dwellings, landlords must post emergency contact information in both English and Spanish.

  7. Disclosure Statement to Senior Citizen Housing Residents: Landlords of senior citizen housing projects must provide relevant contact information for housing emergencies.

Security Deposit Laws

  • Maximum Amount: A security deposit may not exceed one and a half months’ rent.
  • Returning: Landlords must return an unused security deposit within 30 days of the tenancy ending, along with an itemized list of any deductions.

Rent Payment Laws

  • Grace Period: Tenants are granted a grace period of five days for rent payments.
  • Maximum Late Fee: There is no maximum limit on late fees, but they must be specified in the lease.
  • NSF Fee: Landlords can charge a penalty fee of up to $20 for a bounced check.

Additional Lease Agreement Requirements

  • Truth in Renting Guide: Landlords must provide the “Truth in Renting Guide” to prospective tenants and post a copy in a common area.
  • Crime Insurance Information: Landlords of multiple dwellings must inform tenants about crime insurance through the Federal Crime Insurance Program.

Consequences of Non-Compliance

Failure to include mandatory disclosures can lead to legal consequences or monetary penalties, including fines for not complying with federal lead-based paint hazard disclosure requirements.

Lease Agreement Validity

A lease agreement in New Jersey is legally binding once signed by both parties. It does not need to be notarized and can automatically renew unless stated otherwise in the lease.

Termination of Lease

For month-to-month tenancies, either party may terminate the lease with at least 30 days’ written notice.

FAQs

In New Jersey, landlords must provide several required disclosures in residential lease agreements, including information about flood risk, lead-based paint hazards (for properties built before 1978), window guard requirements for units with children, and the Truth in Renting Act. Additionally, landlords must inform tenants if the property is located in a flood zone and provide emergency contact information for multiple dwellings.

In New Jersey, the maximum amount a landlord can charge for a security deposit is one and a half months’ rent. The landlord must return the unused portion of the security deposit within 30 days of the tenancy ending, along with an itemized list of any deductions.

A landlord in New Jersey must return the unused security deposit within 30 days after the tenancy ends. If deductions are made, the landlord must provide an itemized statement of those deductions within the same timeframe.

In New Jersey, landlords must provide a grace period of five days for rent payments. If rent is not received by the end of this grace period, landlords may then charge late fees as specified in the lease agreement.

No, lease agreements in New Jersey do not need to be notarized to be legally binding. However, having a notary can help establish the identity of the parties involved in case of disputes.

If a landlord fails to provide required disclosures in New Jersey, they may face legal consequences, including potential fines or penalties. For example, failure to comply with the federal lead-based paint hazard disclosure can result in significant fines.

Yes, a lease can automatically renew in New Jersey. After the initial term ends, it typically converts to a month-to-month rental agreement unless otherwise specified in the lease.

In New Jersey, tenants can request window guards for their rental units if children aged 10 or younger live there or are regularly present. The request must be made in writing, and the landlord is required by law to provide, install, and maintain these guards.