TRUTH IN RENTING

TRUTH IN RENTING

A guide to the rights and responsibilities of

residential tenants and landlords in New Jersey

Department of Community Affairs ? Division of Housing and Community Resources

101 South Broad Street, ? PO Box 806 ? Trenton, NJ 08625-0806

dca/divisions/dhcr

Table of Contents

Overview of Truth in Renting Act

The Lease

Mobile Home Leases ¨C Private Residential Leasehold Communities Law

Public Housing Leases

Renewal of a Lease Agreement

Cable Installation

Pets

Termination of a Lease Agreement

Modification of the Rental Premises for People with Disabilities

Right of Entry

Filing a complaint for unlawful entry and detainer

Access to the property

Security Deposits

Discrimination

Disposition of Personal Property

Nonpayment and Distraint

Consumer Fraud Protection

Credit Checks and Background Checks

Rent

Rent Control/Rent Increases

Public Financed and Subsidized Housing

Property Tax Rebate for Tenants

New Jersey Homestead Property Tax Credit

Identity of Landlord

Habitability

Reporting Housing Code Violations

Child-Protection Window Guards/Screens

Carbon Monoxide and Smoke Detectors

Locks

State Heat and Utility Requirements

Rent Receivership for Substandard Housing and Diversion of Utilities

Multifamily Housing Preservation and Receivership

Public Housing Maintenance

Federal Lead-Based Paint Disclosure

State Lead-Based Paint Disclosure

Post of Drinking Water Test Results

Remedies if the landlord fails to maintain the property in a habitable condition

Flood Plain Notification Requirement

Crime Insurance Information

Eviction

Applicability

Exceptions

Filing a Complaint for Eviction

Judgment for Possession

¡°Self-help¡± Evictions

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Causes for Eviction

Evictions for Owner-Occupied Two-and Three-Family Dwellings

Rooming and Boarding House Evictions

Public Housing Evictions

Penalties for Eviction Law Violations

Reprisal ¨C Civil Rights of Tenants

Procedures for Recovery of Premises

Foreclosure

Notice Requirements to Tenants Prior to the Transfer of Title Due to a Foreclosure

Action

Notice Requirements to Tenants After the Transfer of Title Due to a Foreclosure

Action

Senior Citizens and Disabled Tenants in Condominium or Cooperative Conversion

Senior Citizens and Disabled Protected Tenancy

Tenant Protection Act of 1992

Disclosure Statement to Senior Citizen Housing Residents

New Jersey Judiciary Ombudsman Offices

Anti-Discrimination Offices

New Jersey¡¯s Legal Services Programs

Additional Agencies and Organizations

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Greetings from the New Jersey Department of Community Affairs

When an individual renter and a private individual, corporation, or government agency, the

landlord, enter into an agreement to pay money in exchange for housing, a landlord tenant

relationship is created. This agreement, the lease, can either be oral or memorialized in writing.

Residential leases include private homes, apartment and condominium units, or mobile homes.

The lease agreement entered into between the landlord and tenant sets forth the rights and

responsibilities of both parties in accordance with Federal and New Jersey statutes, regulations,

restrictions, and case law.

In accordance with the Truth in Renting Act, the New Jersey Department of Community

Affairs has posted this reference guide to highlight important information regarding the rights and

responsibilities of residential landlords and tenants in New Jersey. This publication highlights

information about lease agreements, payment, and collection of rent, habitability, evictions, senior

citizens and protected tenants, foreclosures, security deposits, and other topics pertaining to

residential tenancies in New Jersey.

If you believe you need legal advice, contact an attorney. If you cannot afford an attorney

contact legal services or public organizations that can provide legal services for both landlords and

tenants.

Finally, congratulations on renting your residential unit in New Jersey. The Department

hopes that you find this resource guide helpful.

Overview of Truth in Renting Act

The Department of Community Affairs has provided this statement to highlight the primary

legal rights and responsibilities of tenants and landlords of residential rental dwelling units in New

Jersey. This statement is available in English and Spanish languages and it is posted on the

Department of Community Affairs¡¯ website, hereinafter the Department. The Department website

is:



This shall serve as an informational document only and is not intended as legal advice, and it

does not substitute for consulting with a lawyer about specific facts and circumstances. Further,

nothing therein shall be construed as binding on or affecting judicial determinations issued by a

court of competent jurisdiction.

Every landlord subject to the Truth in Renting Act, (N.J.S.A. 46:8-43 to 51), hereinafter

the Act, is required to distribute one copy of the Truth in Renting Statement to each of their tenants

within 30 days after it has been posted by the Department on its website and shall thereafter provide

a copy of the most current statement to each new tenant at or prior to the time the tenant executes

a lease for the rental unit.

The Act calls for distribution of the statement by the landlord to all tenants with a rental

term of at least one month living in residences with more than two dwelling units, or more than

three if the landlord occupies one of the units. The Act does not require distribution to residents of

hotels, motels, or other guest houses serving transient or seasonal tenants (N.J.S.A. 46:8-44).

A landlord who violates any provisions of the Act, contrary to the legal rights of tenants

shall be liable for a penalty of not more than $100.00 per offense (N.J.S.A. 46:8-47). Such penalty

shall be collected and enforced by summary proceedings pursuant to the Penalty Enforcement Law

(N.J.S.A. 2A-58-1 et seq.). The Superior Court, Law Division, Special Civil Part in the county in

which the rental premises are located shall have jurisdiction over such proceedings (N.J.S.A. 46:847).

The Department does not have jurisdiction over the administration of the courts, nor can

the Department render legal advice. This publication is based on existing New Jersey statutes,

regulations, and court cases that concern landlord-tenant relations; however, this publication is not

a complete summary of all laws, regulations, and court cases that concern landlord-tenant relations

in New Jersey. Any person who plans to initiate a legal action resulting from a landlord-tenant

dispute may wish to consult the appropriate enforcing agency, a county legal services agency,

private counsel, or an owner¡¯s, tenant¡¯s, or mobile home organization. A list of additional agencies

and organizations that may be available to provide assistance is located in the appendix section of

this publication. Please be advised that this guide may be amended by the Department as required,

and will be posted on the Department¡¯s website accordingly.

If you would like more detailed information on New Jersey landlord-tenant law, you may

review the various state statutes identified in this guide. You may search the statutes by looking at

the table of contents or you may enter a keyword in the search bar, i.e. Security Deposit Law.

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