Lease Agreements in New Jersey

Get an overview of what's included in our New Jersey Lease Agreement

Melissa avatar
Written by Melissa
Updated over a week ago

TurboTenant’s New Jersey lease agreement has been written and reviewed by New Jersey lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.

Overview

The New Jersey lease agreement is split up into three sections.

  • Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.

  • Section 2 contains clauses in accordance with New Jersey law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.

  • Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.

While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.

Section 1 - Custom to You

Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process.

We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example New Jersey Lease Agreement.

Here are a couple of other items in Section 1 worth mentioning:

Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.

Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.

Section 2 - Specific to New Jersey

Section 2 includes language that is specific to New Jersey. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.

There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.

Late Fees - Section 2.1

Rent is due in full by 5:00pm on the 1st of every month. If your tenants do not pay the full rent amount within 5 business days of the date rent is due then you are entitled by New Jersey Law to charge a late fee of 5% of the unpaid rent amount for that month. So for example, if rent was due on a Wednesday the 1st, and today is Thursday the 9th and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $50. This is a one-time fee each month based on the unpaid balance.

Security Deposit Provisions - Section 2.4

Security deposits in New Jersey are handled a bit differently than most states. We've outlined these difference below.

  • A landlord may not require the security deposit be more than 1.5 times the monthly rent.

  • After the initial deposit, should a landlord collect from the tenant an additional amount of security deposit, the amount collected annually shall not be greater than 10 percent of the current security deposit.

  • Landlords shall, within 30 days of receipt of the security deposit, notify each payee in writing of the name and address of the investment company, State or federally chartered bank, or financial institution, the type of account, the current interest rate for that account, and the amount of the deposit.

    • If you choose to, we can include this information when you make a lease.

  • If interest is received on the bank account holding the tenant’s security deposits, interest shall be paid to the tenant in accordance with state law, on an annual basis.

Occupancy Limits and Guests - Section 2.5

Only tenants and any additional occupants (which are dependents such as children) may occupy the premise. One guest is allowed but only for a maximum of 15 days every 6 months.

Notification of Repairs - Section 2.7

  1. Your tenants must pay for any repairs that are due to their, or their guests, misuse or negligence of the property.

  2. Your tenants must immediately notify you of serious building problems such as a crack in the foundation, any leaking or running water, appliance malfunction, or electrical shorting. Failure to let you know may make it so the tenant is responsible for the damages due to not addressing the problem sooner.

  3. You as the landlord must pay for any repairs necessary to create a healthy and safe living environment for your tenant.

Notifying of absences - Section 2.9

The tenants must notify you if they will be gone from the rental property for more than 7 days. You are allowed to check-in and even enter the rental property while they are gone to ensure everything is alright.

Changing Locks - Section 2.12

If your tenant wants to change locks or security devices, they must request to do so in writing. Any additional rekeying, security devices, etc. that the tenant wants must be paid by them but will still be installed by you as the landlord.

Information on Crime Insurance - 2.15

If you are a landlord of a multiple dwelling units you must provide tenants information regarding crime insurance through the Federal Crime Insurance Program of Title VI of the Housing and Urban Development Act of 1970. Crime insurance is available through the New Jersey Insurance Underwriters Association, Crime Insurance Indemnity Plan. To apply for crime insurance, contact the New Jersey Insurance Underwriters Association, Crime Insurance for Habitable Property, 570 Broad Street, Post Office Box 32609, Newark, New Jersey, 07102, (973) 622-3838 directly for an application. This insurance is applicable to coverage from losses from theft and/or burglaries. A tenant may also purchase renter’s insurance from a private insurance company to cover damages to his or her personal property. Please visit www.njiua.org for additional information on insurance coverage.

Window Guards for Child Safety - 2.16

According to New Jersey law, tenants of a unit in a multiple dwelling in New Jersey may request to the Landlord that window guards be installed in the unit or common hallways. Landlords may charge the tenant no more that $20 for each window guard installed. It is also required that the landlord provides bi-annual written notices to the tenant informing them of this option.

Truth in Renting - 2.17

TRUTH IN RENTING ACT. Except in buildings of 2 or fewer units, and owner-occupied premises of 3 or fewer units, the landlord must distribute to new tenants at or prior to move-in the Department of Community Affairs' statement of legal rights and responsibilities of tenants and landlords of rental dwelling units (Spanish also). You can find this information here.

Flood Zone - 2.18

If the property is in a flood zone, this must be disclosed to the tenant. This detail will be collected during the lease creation process.

Section 3

The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.

Subletting - Section 3.1

Your tenant is not at all allowed to sublease the rental property without your written permission.

Altering or Improving the Property - Section 3.2

Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.

Choice of Law - 3.11

New Jersey requires that the rental agreement be governed and construed in accordance to their own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.

Follow the Law (noise, drugs, etc.) - Section 3.14

Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.

Missing something you want to make sure is included?

This article only includes an overview of some of the details included in the New Jersey Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement.

We wanted our lease agreement to handle the majority of use cases for landlords in New Jersey. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.

Disclaimer: Changing some terms in the lease may conflict with state or local laws. If you make large edits, we recommend speaking with an attorney. Please have a look at your specific state lease agreement for more information. TurboTenant is not responsible for edits that are not compliant with state laws. TurboTenant is unable to provide legal advice.

DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.

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