N.J. DCA Landlord/Tenant Information Series — (English)

Citation
N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction
New Jersey (state)
Source
Official source
Original Source
https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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In New Jersey a landlord-tenant relationship is created when a landlord allows another
person to use a dwelling unit for a specified period of time in exchange for rent. A dwelling unit
is defined as an apartment, a house, a room, or a mobile home or mobile home space. The tenant
should read the rental agreement before signing. It is advisable for the tenant to obtain a copy of
the lease for their records at the time that the lease is signed. If a new landlord takes over the
building, both the new landlord and the tenant must honor the pre-existing rental agreement until
it expires.
Requirements of a residential lease in New Jersey:
1. Parties to a lease must be at least 18 years old and mentally competent. (N.J.S.A. 9:17-B-
1; Morgan v. Sandford Brown Institute, 225 N.J. 289, 310 (2016))
2. Landlord and tenant are required to include their names in the lease agreement.
3. Lease can be either written or oral. If written, lease must be in plain language and written
so the average person can understand it (N.J.S.A. 56:12-2; Morgan v. Sandford Brown
Institute, 225 N.J. 289, 310 (2016)).
4. Any fees that the landlord intends to charge should be clearly stated, i.e. late fees and
attorney fees.
5. In order to avoid confusion, it is recommended that the lease contain the following
provisions:
a. Conditions of occupancy;
b. Description of the rental space;
c. Renewal provisions;
d. Late rent penalty provisions;
e. Landlord and tenant responsibilities for the amount of rent, pets, utility expenses
and owner responsibilities associated with the rental of the premises;
f. Restrictions on subletting or assigning of the lease agreement;
g. Requirement to provide copies of keys to the landlord by the tenant;
h. Tenant’s requirement to obtain renter’s insurance; and
i. Other