NJ Landlord Law · Updated September 2026
Most New Jersey landlords sign leases they found online. Then they find out in court that the late fee isn't collectible, the attorney's fee clause doesn't count, and three required notices were never given. Here is what a New Jersey lease needs, every notice you owe the tenant at signing, and a checklist to run before every move-in.
The short answer. A New Jersey lease can be written or oral, but a written one must be in plain language, name both parties, and clearly state any fees you plan to charge. Late fees and attorney's fees only count as rent in an eviction case if the lease expressly says so.
At signing. Depending on the property, you also owe the tenant the EPA lead pamphlet and disclosure form, the Truth in Renting statement, a flood risk notice and lease flood statement, window guard notices, and your security deposit notice within 30 days.
Section 8. Voucher leases add the HUD tenancy addendum, and must use the same lease form you use for unassisted tenants.
The Department of Community Affairs' Truth in Renting guide lays out the requirements:
Beyond the minimum, the DCA recommends every lease cover these to avoid disputes. We'd call them required in practice:
New Jersey courts only treat late fees and attorney's fees as "additional rent" in an eviction case if the written lease expressly says so. The DCA cites Community Realty v. Harris (N.J. 1998) and later cases for this. If your lease is silent, you can't use nonpayment of those fees as grounds to evict, even if the tenant owes them.
There's also a mandatory grace period. Senior citizens receiving Social Security or another government pension, and recipients of Social Security Disability, SSI or Work First New Jersey benefits, get five business days to pay rent due on the first of the month before any late charge can be assessed (N.J.S.A. 2A:42-6.1 to -6.3). Charging a late fee during that window can be prosecuted as a disorderly persons offense. Build the exception into your lease and your rent software.
| Notice | When it applies | What to give |
|---|---|---|
| Lead-based paint | Housing built before 1978, rented for more than 100 days | The EPA pamphlet "Protect Your Family from Lead in Your Home" before signing, plus the federal lead disclosure form in the lease, with any lead report attached |
| Truth in Renting statement | Buildings of 3+ units, or 4+ if owner-occupied | The DCA's current statement at or before signing, and a copy posted. See our Truth in Renting guide |
| Flood risk notice | All leases except seasonal rentals under 120 days | Written notice before signing: FEMA Special or Moderate Flood Hazard Area status, and any flooding you know of. The lease must also include the state's renters flood insurance statement |
| Window guards | Not seasonal, owner-occupied, condo or co-op units | A lease notice that you'll install window guards on request where children 10 or younger live, plus twice-yearly written notices. You can charge no more than $20 per guard |
| Bed bug information | Per N.J.A.C. 5:10-10.2 | The information the regulation requires, included in the move-in packet |
| Fees | If you charge them | Late fee terms (with the grace period above) and any returned-payment fee, governed by N.J.S.A. 2A:32A-1 |
| Domestic violence termination | All residential leases | Your policy on lease termination by victims of domestic violence under the Safe Housing Act (N.J.S.A. 46:8-9.6 to -9.7) |
| Security deposit notice | If you collect a deposit | Written notice of the bank, account type, interest rate and amount within 30 days. See our security deposit guide |
Two more items aren't lease terms but can block a move-in. One- and two-family houses need a Certificate of Smoke Detector and Carbon Monoxide Alarm Compliance from the local fire official on every change of occupancy (N.J.S.A. 52:27D-192). Many towns also require a rental certificate of occupancy or inspection before each new tenant. Cherry Hill, for example, won't let a tenant move in until the unit passes. Our town-by-town certificate of occupancy guide covers local rules.
Under the Truth in Renting Act (N.J.S.A. 46:8-48), a lease can't include provisions that violate tenants' clearly established rights, and a tenant can ask the court to strike them or end the lease. Common offenders in generic online leases:
That's the real reason we recommend a checklist instead of a free template. A lease written for Texas or a national average isn't written for New Jersey, and the clauses that fail here are usually the ones owners were counting on.
Voucher leases follow two extra federal rules (24 CFR 982.308). If you use a standard lease form for your unassisted tenants, the voucher lease has to be that same form, plus the HUD-prescribed tenancy addendum. And the housing authority has to approve the tenancy. The addendum's terms are federal requirements you can't lease around. Our Section 8 landlord guide covers the process.
No. A lease can be oral. But if it's written, it has to be in plain language, and many protections, like collecting late fees and attorney's fees as rent in court, only work if they're in a written lease.
The names of the landlord and tenants, plain language, and clearly stated fees at minimum, plus the renters flood insurance statement required since 2024. The DCA also recommends terms for occupancy, the space, renewal, late fees, utilities, pets, subletting, keys and renters insurance.
Yes, if it's in the lease. But seniors on Social Security or another government pension, and recipients of SSDI, SSI or Work First New Jersey benefits, get a five-business-day grace period for rent due on the first before any late fee can be charged.
Only if the written lease expressly allows reasonable attorney's fees and treats them as additional rent. Otherwise they can't be part of a nonpayment case.
Depending on the property: the lead pamphlet and disclosure form for pre-1978 housing, the Truth in Renting statement for larger buildings, the flood risk notice, window guard notices, bed bug information, fee terms, the domestic violence termination policy, and the security deposit notice within 30 days.
Yes. The HUD tenancy addendum must be attached, and if you use a standard lease for unassisted tenants, the voucher lease has to use that same form. The housing authority also has to approve the tenancy.
A New Jersey lease isn't hard to get right. It's just easy to get wrong with a generic form. Put the fees in writing, hand over every notice before signing, and keep the clauses inside New Jersey law. That's the difference between a lease that protects you and one a tenant's lawyer reads out loud in court.
This guide is general information for landlords, not legal advice. Have your lease reviewed by a New Jersey attorney.
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