New Jersey rental/lease agreements

In New Jersey, you can create a contract to lease a liveable dwelling or business space between a lessor and a lessee using the free New Jersey lease agreement. The property owner usually requests a credit check of the potential tenant using a rental application that allows the landlord to ascertain their employment status and background information. At the point of approval, the lessee may be required to pay a security deposit, one month’s rent, and other fees that may be required. Once the contract is signed by both parties, it becomes legally binding.

New Jersey rental/lease agreement templates

New Jersey rental/lease agreements

6 basic types of New Jersey lease agreements:

Commercial Rental Lease Agreement – This lease agreement is used to create a binding lease agreement between a landlord and a tenant that wants to use the property for commercial purposes. It’s not as regulated as residential leases and the tenants commonly have obligations beyond rent such as building maintenance and property taxes.  

Monthly Rental lease Agreement (§ 2A:18-56)- For occupancy by a tenant that can be canceled at any time with a minimum of thirty days’ notice.

Rent-to-Own Rental Agreement – A standard lease that allows the occupant to acquire the property at a later date. Certain conditions, as stipulated in the lease contract, must be met before the tenant can exercise their right to purchase. 

Roommate Lease Agreement  – For creating terms for occupants that share a single residential unit but may not be members of a nuclear family. It stipulates the responsibility of each roommate..

Standard Residential Rental Contract – Usually a one-year rental agreement with a fixed term. It offers the most protections to a tenant out of all the other rental agreement types in the state. 

Sublease Agreement – An occupant may decide to transfer rental obligations to another interested party. In most cases, the landlord will need to give permission to the tenant before they can lease the property to a third party. 

Four disclosure requirements

Flood Zone (§ 46:8-50) – If a property is located within and around a flood zone, the potential occupant has to be made aware. The landlord may find out if their property is located around a flood zone by using the Flood Zone Lookup Tool. This applies to property owners of all properties other than residential units in a building that contains not more than two units of this kind, or in a property inhabited by a landlord not exceeding three living units.

Lead-Based Paint Disclosure – By law, the landlord must inform all tenants of this possibility for all buildings constructed before 1978.

Truth in Renting Act (§ 46:8-45) – Occupants are required to be given this information by the lessor exempting tenants in liveable dwellings of a maximum of two units and a maximum of three units if the landlord occupies a unit within 30 days of contract approval.

Window Guard Disclosure (§ 5:10-27.1) – 

Access to property

According to § 5:10-5.1, occupants must be provided with at least one day’s notice by the lessor before accessing the premises.

Money deposited as security

Maximum (§ 46:8-21.2) – A cap of (1.5) month's rent for the initial security deposit may be charged by the property owner. If the occupant rents the space for more than one year the lessor is required not to charge exceeding ten percent of the monthly rent.  

Returning (§ 46:8-21.1) – The landlord must give back to the tenant funds associated with the security deposit within thirty days of the term’s expiry.

Other Resources

Tenants’ Rights Handbook – Provided by the Legal Services of New Jersey to help tenants be informed about their rights.

Habitability Bulletin – Provides the responsibilities of landlords and tenants for maintaining rental units.

Download our free New Jersey rental/lease agreements in an instant to create a legally binding document.

Download our free New Jersey rental/lease agreements in an instant to create a legally binding document.

Related Forms