Renting in New Jersey
Your rights as a tenant in New Jersey
In New Jersey, the security deposit can be up to 1.5 months of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in New Jersey
- Maximum deposit
- Up to 1.5 months of rent
- N.J.S.A. 46:8-21.2
- To return your deposit
- 30 days
- N.J.S.A. 46:8-21.1
What the law says
The rules, one by one
The basic rules for renting in New Jersey, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 1.5 months of rent
In New Jersey, a landlord cannot require a security deposit of more than 1.5 times one month's rent.
What the law says · N.J.S.A. 46:8-21.2
“An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes.”
Source: New Jersey Legislature · Verified on October 16, 2026
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When must they return my deposit?
30 days
When your lease ends, the landlord has 30 days to return your deposit plus your share of the interest, minus charges allowed by the lease. It must be delivered in person or by registered or certified mail.
What the law says · N.J.S.A. 46:8-21.1
“Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon,”
Source: New Jersey Legislature · Verified on October 16, 2026
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If I fall behind on rent, what notice must I get?
In New Jersey, when the case is for nonpayment of rent, the law does not require the landlord to give a written notice to quit first. For most other causes, that notice is required.
What the law says · N.J.S.A. 2A:18-61.2
“No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises.”
Source: New Jersey Legislature · Verified on October 16, 2026
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How much notice ends a month-to-month rental?
In most New Jersey rentals, the landlord can remove you only for one of the good-cause reasons in the law, even if you rent month to month. There are exceptions, such as owner-occupied buildings with two or fewer rental units. In those cases, a month-to-month tenancy ends with 1 month's notice.
What the law says · N.J.S.A. 2A:18-61.1; N.J.S.A. 2A:18-56(b)
“leased for residential purposes, other than (1) owner-occupied premises with not more than two rental units or a hotel, motel or other guest house or part thereof rented to a transient guest or seasonal tenant;”
Source: New Jersey Legislature · Verified on October 16, 2026
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Are there limits on late fees?
If rent is due on the 1st of the month, the landlord must allow 5 business days of grace with no late charge. This rule applies only to seniors with certain pensions and to people receiving certain benefits, such as SSI or Work First New Jersey.
What the law says · N.J.S.A. 2A:42-6.1; 2A:42-6.3
“A person to whom rent is due and payable on the first of the month upon a lease or other agreement shall allow a period of five business days grace in which the rent due shall be paid. No delinquency or other late charge shall be made which includes the grace period of five business days.”
Source: New Jersey Legislature · Verified on October 16, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
If the property is your home, no one may enter and take it over without your consent unless it is done through the court's legal process. Doing so is a disorderly persons offense.
What the law says · N.J.S.A. 2A:39-1
“With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process”
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Protection from retaliation
Yes: state law says so
A landlord cannot serve a notice to quit or take you to court in reprisal for enforcing your rights, for a good-faith complaint to a government agency about health or safety violations, or for taking part in a lawful organization.
What the law says · N.J.S.A. 2A:42-10.10
“No landlord of premises or units to which this act is applicable shall serve a notice to quit upon any tenant or institute any action against a tenant to recover possession of premises, whether by summary dispossess proceedings, civil action for the possession of land, or otherwise:”
Eviction
How an eviction works in New Jersey
Step by step, with the time periods the law sets. No landlord can skip the court.
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For nonpayment, no notice to quit is required before the case
What the law says · N.J.S.A. 2A:18-61.2
“No judgment of possession shall be entered for any premises covered by section 2 of this act, except in the nonpayment of rent under subsection a. or f. of section 2, unless the landlord has made written demand and given written notice for delivery of possession of the premises.”
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Landlord files the eviction complaint with the county Special Civil Part
What the law says
“An Eviction Action Complaint must be filed with the Office of the Clerk of the Special Civil Part in the county where the rental premises are located.”
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The summons gives the trial date: at least 21 days after it is served
at least 21 days
What the law says
“The court will insert the trial date on the summons. It will be at least 21 days from date of service of the summons.”
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Both you and the landlord must appear; if you do not, a default judgment can be entered
What the law says
“Both the landlord and the tenant must appear at the court hearing. If the landlord or his attorney fails to appear, the complaint may be dismissed. If the tenant does not appear, a default judgment may be entered against the tenant allowing the landlord to evict the tenant from the premises.”
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Judgment for possession for the landlord
What the law says · N.J.S.A. 2A:18-57
“If no sufficient cause is shown to the contrary when the action comes on for trial, the court shall issue its warrant to any officer of the court, commanding him to remove all persons from the premises, and to put the claimant into full possession thereof,”
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The warrant of removal cannot issue until 3 days after judgment
3 to 30 days
What the law says · N.J.S.A. 2A:18-57
“No warrant of removal shall issue until the expiration of 3 days after entry of judgment for possession, except as provided for in chapter 42 of this Title.”
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A court officer may remove you no earlier than the third business day after serving the warrant
at least 3 days
What the law says · N.J.S.A. 2A:42-10.16(b)
“Shall be executed not earlier than the third day following the day of personal service upon the tenant by the appropriate court officer. In calculating the number of days hereby required, Saturday, Sunday and court holidays shall be excluded;”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The New Jersey Law Against Discrimination (LAD) prohibits housing discrimination. If you believe your rights under the LAD were violated, you may file a complaint with the Division on Civil Rights (DCR) within 180 days of the incident.
New Jersey Division on Civil Rights (DCR)Frequently asked questions
How much can a landlord charge for a deposit in New Jersey?
In New Jersey, a landlord cannot require a security deposit of more than 1.5 times one month's rent. (N.J.S.A. 46:8-21.2)
When must a deposit be returned in New Jersey?
When your lease ends, the landlord has 30 days to return your deposit plus your share of the interest, minus charges allowed by the lease. It must be delivered in person or by registered or certified mail. (N.J.S.A. 46:8-21.1)
What notice is required for late rent in New Jersey?
In New Jersey, when the case is for nonpayment of rent, the law does not require the landlord to give a written notice to quit first. For most other causes, that notice is required. (N.J.S.A. 2A:18-61.2)
How much notice ends a month-to-month rental in New Jersey?
In most New Jersey rentals, the landlord can remove you only for one of the good-cause reasons in the law, even if you rent month to month. There are exceptions, such as owner-occupied buildings with two or fewer rental units. In those cases, a month-to-month tenancy ends with 1 month's notice. (N.J.S.A. 2A:18-61.1; N.J.S.A. 2A:18-56(b))
Are there limits on late fees in New Jersey?
If rent is due on the 1st of the month, the landlord must allow 5 business days of grace with no late charge. This rule applies only to seniors with certain pensions and to people receiving certain benefits, such as SSI or Work First New Jersey. (N.J.S.A. 2A:42-6.1; 2A:42-6.3)
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these New Jersey rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet