New Jersey landlord-tenant laws.
Notable New Jersey quirk
Just-cause state: the Anti-Eviction Act (N.J.S.A. 2A:18-61.1) bars removing a tenant — even at lease expiry — without an enumerated good cause (owner-occupied buildings with 1–2 rental units exempt). Rent control is a town-by-town municipal patchwork; new construction is exempt from local ordinances for 30 years (N.J.S.A. 2A:42-84.5).
New Jersey landlord law FAQ
How much can I collect as a security deposit in New Jersey?
No more than 1.5 times one month's rent (§ 46:8-21.2). Courts count all prepaid sums toward the cap — including 'last month's rent,' however labeled (Reilly v. Weiss) — so at move-in you may collect at most the first month's rent plus the 1.5-month deposit. When raising the deposit later, the additional amount collected annually is capped at 10% of the current deposit.
When must I return a security deposit in New Jersey?
Within 30 days of lease termination, by personal delivery or registered/certified mail, with the tenant's share of interest and an itemized deduction statement (§ 46:8-21.1). Wrongful withholding costs double the amount withheld plus court costs and, in the court's discretion, attorney fees. If the tenant is displaced by fire, flood, condemnation, or evacuation, the deadline drops to 5 business days.
Do I owe my tenant interest on the deposit in New Jersey?
Yes. The deposit must sit in an insured New Jersey interest-bearing account — landlords handling deposits for 10+ units may use a qualifying money market fund (§ 46:8-19(a)-(b)) — and interest must be paid or credited annually. You must give written notice of the institution, account type, rate, and amount within 30 days of receipt and at each annual interest payment (§ 46:8-19(c)). Miss the notice or interest and the tenant can apply the deposit plus 7% per annum toward rent, and you may not demand a new deposit.
Do I have to give a grace period before charging a late fee in New Jersey?
There is no statewide late-fee cap and no general grace period. But tenants who are seniors receiving Social Security, railroad, or other government pensions — or who receive SSDI, SSI, or Work First NJ benefits — get 5 business days after the first-of-month due date, and no late charge may be assessed during that window (§§ 2A:42-6.1, 6.3). Violating it is a disorderly-persons offense (§ 2A:42-6.2).
Can I simply decline to renew a tenant's lease in New Jersey?
Generally no. The Anti-Eviction Act (§ 2A:18-61.1) allows removal of a residential tenant only on enumerated good-cause grounds — nonpayment, lease violations, nuisance, owner move-in, and the like — so lease expiry alone is not a ground. The main exception is owner-occupied premises with no more than two rental units.
How much can a landlord charge for late rent in New Jersey?
No statutory cap; 5-business-day grace for protected tenants (seniors on government pensions; SSDI/SSI/Work First NJ recipients). Grace period: None for most tenants — 5 business days for seniors on Social Security, railroad, or other government pensions and recipients of SSDI, SSI, or Work First NJ (N.J.S.A. 2A:42-6.1, 6.3). Late fee terms should always be written into the lease.
What is the security deposit limit in New Jersey?
1.5 months' rent. The deposit must be returned within 30 days after move-out.
How much notice does a landlord need to enter a rental in New Jersey?
No statute — lease controls (1 day per DCA regs in 3+ unit buildings).
Is there rent control in New Jersey?
Local (Newark, Jersey City, many more).
Sources
Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-17. Deposit statute: N.J.S.A. 46:8-19 to 46:8-26 (Rent Security Deposit Act). Late fee statute: No statutory cap — N.J.S.A. 2A:42-6.1 to 6.3 bar any late charge during the 5-business-day grace period for protected tenants.
- NJ DCA — Security Deposit Law, N.J.S.A. 46:8-19 through 26 (full text)
- NJ DCA — Senior Citizens Five Day Grace Period, N.J.S.A. 2A:42-6.1–6.3 (full text)
- NJ DCA — N.J.S.A. 2A:18-61.1 (Anti-Eviction Act grounds)
- NJ DCA — Truth in Renting guide
- NJ Courts — Small Claims (lawsuits $5,000 or less)
This page is general information, not legal advice. Consult a local attorney for your specific situation.