Lease Agreements

In New Jersey, rental agreements can be either oral or written. However, for tenancies exceeding 12 months, a written lease is required. A well-drafted lease should outline terms such as rent amount, payment due dates, duration, and responsibilities for maintenance and repairs. This document serves as a legal reference in case of disputes.

Landlord Responsibilities

Landlords in New Jersey are obligated to:

• Provide Habitable Housing: Ensure the rental property meets health and safety codes, including proper heating, plumbing, and structural integrity.

• Address Repairs Promptly: Respond to repair requests in a timely manner to maintain the property's habitability.

• Respect Tenant Privacy: Provide reasonable notice, typically 24 hours, before entering the rental unit, except in emergencies.

• Handle Security Deposits Properly: Collect no more than one and a half months' rent as a security deposit and return it within 30 days of lease termination, along with an itemized list of any deductions.

• Distribute the "Truth in Renting" Guide: Provide tenants with this guide, which outlines their rights and responsibilities under New Jersey law.

Tenant Responsibilities

Tenants are expected to:

• Pay Rent on Time: Adhere to the payment schedule outlined in the lease agreement.

• Maintain the Property: Keep the rental unit clean and avoid causing damage beyond normal wear and tear.

• Report Issues Promptly: Notify the landlord of any maintenance or repair needs.

• Abide by Lease Terms: Follow all rules and regulations specified in the lease, including occupancy limits and pet policies.

Eviction Process in New Jersey

Evictions in New Jersey must follow a legal process:

1. Notice: Landlords must provide tenants with appropriate notice, depending on the reason for eviction (e.g., non-payment of rent, lease violations).

2. Court Filing: If the issue isn't resolved, landlords can file a complaint in the Special Civil Part of the Superior Court.

3. Court Hearing: Both parties present their case, and a judge determines whether eviction is warranted.

4. Warrant of Removal: If the court rules in favor of the landlord, a warrant is issued, and tenants have three business days to vacate.

5. Removal: If tenants do not leave, a court officer can remove them from the property.

It's important to note that "self-help" evictions, such as changing locks or shutting off utilities without a court order, are illegal in New Jersey.

Compliance with Fair Housing Laws in New Jersey

New Jersey enforces both federal and state fair housing laws to prevent discrimination in housing practices.

Protected Classes

Under the federal Fair Housing Act and the New Jersey Law Against Discrimination (LAD), it's illegal to discriminate based on:

• Race or Color

• National Origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial Status (presence of children under 18)

• Disability

• Marital Status

• Age

• Source of Lawful Income (e.g., housing vouchers)

Prohibited Practices

Landlords must avoid:

• Discriminatory Advertising: Avoid language that indicates preference or limitation based on protected characteristics.

• Selective Tenant Screening: Apply the same criteria to all applicants.

• Refusal to Rent: Cannot deny housing based on protected class status.

• Differential Terms: Offering different rental terms or conditions to individuals based on protected characteristics.

Fair Chance in Housing Act (FCHA)

Effective January 1, 2022, the FCHA prohibits landlords from inquiring about an applicant's criminal history during the initial rental application process. Only after a conditional offer is made can landlords conduct a criminal background check, and even then, only certain convictions can be considered.

Reasonable Accommodations

Landlords are required to make reasonable accommodations for tenants with disabilities, such as allowing service animals or installing accessibility features, unless doing so would impose an undue hardship.

Conclusion

Understanding and adhering to New Jersey's landlord-tenant laws and fair housing regulations is essential for fostering positive rental relationships and avoiding legal complications. Both landlords and tenants should stay informed about their rights and responsibilities to ensure compliance and promote fair treatment in all housing matters.

For more detailed information and resources, visit the New Jersey Department of Community Affairs Landlord-Tenant Information page.