Tenant Rights in New Jersey

What Landlords Need To Know

In New Jersey, renting an apartment to another person entails more than simply handing over a set of keys and collecting regular rent payments. As a landlord, there are a number of things you can and cannot do. Here are some of the most important:

• You must not engage in actions prohibited by the New Jersey Law Against Discrimination or the federal Fair Housing Act. While there are some factors that can be used to reject a potential tenant, such as a history of late payments at prior rental units or a poor credit report, certain factors may not be used to deny access to housing, such as race, religion, gender, disability, age, marital status, pregnancy, gender identity, or sexual orientation.
• You must follow specific rules governing security deposits, including rules relating to allowable amounts and the time frame in which a deposit must be returned.
• New Jersey recognizes an implied warranty of habitability, which requires such things as working HVAC, hot water heater, sturdy walls and floors, a leakproof roof, and adequate security. This warranty cannot be waived, even in writing.
• Landlords are required by New Jersey law to make certain minimum disclosures regarding:
  • Security deposits
  • Any potentially nonrefundable fees, such as cleaning fees
  • The right of the tenant to attend the move-out inspection
  • A list of any known damages to the apartment at the beginning of the lease
  • The existence of shared utility agreements, if any
• Many types of retaliatory conduct are illegal, such as raising the rent or threatening eviction of a tenant who has exercised a legal right to complain about living conditions.
• You may not unilaterally evict a tenant but may do so only in compliance with New Jersey eviction laws.

Contact Attorney Howard N. Sobel

At the office of Howard N. Sobel, we provide comprehensive counsel to landlords in New Jersey, helping you protect your investment and minimize legal challenges from tenants. Contact our office online or call us at 856-424-6400 to set up a free initial consultation. Evening and weekend appointments can be arranged upon request. We accept all major credit cards.

Named a New Jersey SuperLawyer Every Year 2010—2025