What are tenant rights in New Jersey?
New Jersey is consistently rated one of the most tenant-friendly states.
1. Security Deposit — Capped at 1.5 months' rent under N.J.S.A. § 46:8-21.2. Must be held in interest-bearing account; interest paid to tenant annually. Return within 30 days of termination (5 days for fire, flood, evacuation, condemnation).
2. Just Cause Eviction (Anti-Eviction Act) — N.J.S.A. § 2A:18-61.1 requires landlords to prove one of 18 enumerated 'good causes' to evict. There is no 'no-cause' eviction in NJ for covered units (most non-owner-occupied multi-units). This is among the strongest tenant protections in the U.S.
3. Habitability — Marini v. Ireland, 56 N.J. 130 (1970) established the implied warranty of habitability and the right to repair-and-deduct. Codified protections in the Truth in Renting Act (§ 46:8-43).
4. Notice for Entry — No statutory requirement; reasonable notice expected.
5. Eviction Notice — Varies by cause: nonpayment requires no notice (just demand for rent and Summons), but disorderly conduct, breach of covenant, and other causes have specific 1-month or 3-month notice requirements.
6. Rent Control — Permitted at municipal level; over 100 NJ municipalities have rent control ordinances (Newark, Jersey City, Hoboken, Elizabeth).
7. Discrimination — NJ Law Against Discrimination (LAD, § 10:5-12) is among the broadest in the country, prohibiting discrimination on race, sex, sexual orientation, gender identity, source of lawful income (Section 8 protected), domestic-violence-victim status, and many more.
8. Retaliation — § 2A:42-10.10 prohibits retaliatory eviction or rent hikes for 90 days to 1 year after protected tenant activity.
9. Lockouts — Self-help is illegal (§ 2A:39-1).
This is legal information, not legal advice.
- Facing eviction in court
- Landlord retaliating after complaint
- Habitability issue causing health risk
- N.J.S.A. § 2A:18-61.1
- N.J.S.A. § 46:8-21.2
- N.J.S.A. § 10:5-12
- Marini v. Ireland, 56 N.J. 130 (1970)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.