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NJ Landlord-Tenant Law β€” Staff Quick Reference

Key NJ landlord-tenant statutes every PPM staff member must know β€” Anti-Eviction Act, security deposits, rent control, source-of-income, and habitability.

Updated over 3 weeks ago

NJ Landlord-Tenant Law β€” Staff Quick Reference

New Jersey has some of the strongest tenant protections in the country. All PPM staff must be familiar with the key statutes that govern our operations. This article is a reference guide β€” it is not legal advice. When in doubt, escalate to Dan and engage legal counsel.

Attorney review required for: evictions, legal notices, security deposit disputes, rent withholding claims, fair housing complaints, and any situation where a tenant threatens legal action.


Anti-Eviction Act (NJ RSA 2A:18-61.1)

New Jersey requires just cause to evict a residential tenant. PPM cannot evict a tenant simply because the lease has expired or we want to use the unit for another purpose unless it meets a statutory just-cause category. Valid just causes include:

  • Non-payment of rent

  • Habitual late payment of rent

  • Disorderly conduct or destruction of property

  • Violation of a lease term (after proper notice to cure)

  • Owner or immediate family member moving in (strict requirements apply)

  • Conversion to condo or cooperative (with proper notice and compensation)

  • Substantial rehabilitation (with proper notice)

All evictions must go through the NJ Special Civil Part (landlord-tenant court). PPM cannot self-help evict (change locks, remove belongings, shut off utilities). Self-help eviction is illegal and exposes PPM to significant liability.


Security Deposit Law (NJ RSA 46:8-21.1 et seq.)

  • Maximum security deposit: 1.5 months' rent

  • Deposits must be held in a separate interest-bearing account; tenant must be notified of the bank and account number within 30 days of receipt

  • Annual interest must be credited to the tenant or applied to rent

  • Return deadline: 30 days after the tenancy ends and the tenant vacates

  • If deductions are made, an itemized written statement must accompany any withheld amount within 30 days

  • Failure to return within 30 days: tenant may sue for double the deposit amount plus attorney's fees


Truth in Renting Act (NJ RSA 46:8-43 et seq.)

Landlords must provide every tenant with a Truth in Renting statement at the start of tenancy. This state-issued document summarizes tenant rights. PPM provides this at lease signing. The current version is available from the NJ DCA website.


Source-of-Income Discrimination (NJ Law Against Discrimination)

In New Jersey, lawful source of income is a protected class. PPM cannot refuse to rent to a tenant, or apply different screening standards, because they receive housing vouchers (Section 8), rental assistance, SSI, or other lawful income. Violations are prosecuted by the NJ Division on Civil Rights.


Rent Control

Rent control is governed at the municipal level in New Jersey. There is no statewide rent control law, but 117 municipalities have rent control ordinances. Before setting or raising rent on any unit, check whether the municipality has rent control:

  1. Check the NJ DCA's rent control municipality list

  2. Contact the local rent leveling board if applicable

  3. Do not increase rent above the allowable amount without approval where required

Municipalities where PPM operates that have rent control include Jersey City and Newark (among others). Escalate any rent increase question for rent-controlled units to Dan before communicating anything to the tenant or owner.


Implied Warranty of Habitability

All residential leases in NJ carry an implied warranty of habitability. PPM must maintain units in a safe, livable condition. Failure to do so gives tenants the right to:

  • Withhold rent (with court permission)

  • Repair and deduct (for minor repairs under certain conditions)

  • Terminate the lease

  • Sue for damages

Respond to all habitability complaints as high-priority maintenance. See Work Order Intake and Dispatch SOP.


Notice Requirements

  • Lease non-renewal / termination: Depends on lease type and municipality β€” minimum 30 days written notice for month-to-month; check lease for fixed-term

  • Entry for repairs/inspections: Reasonable notice required (typically 24 hours); immediate entry permitted for emergencies

  • Rent increase: At least 30 days written notice before the effective date; longer where rent control requires


Key Resources

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