New Jersey Lease Agreement Template

1. Flood Risk Notice – The landlord must notify the tenant if the property is located in a FEMA special flood hazard area (100-year floodplain) or moderate risk flood hazard area (500-year floodplain) and if the landlord knows about flooding on the property. A landlord can use NJfloodmapper.org by clicking “Flood Hazards > FEMA Flood Zone” to search their property’s flood zone.^[1]

2. FEMA Flood Insurance Notice – All leases must include the following notice to tenants:

“Flood insurance may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood. A standard renter’s insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered.”^[2]

3. Lead-Based Paint Disclosure & EPA Pamphlet – Federal law requires that all property owners of units built before 1978 inform their tenants of the presence of this type of dangerous paint.^[3]

4. Truth in Renting Act – The landlord must provide each of their tenants with a copy of the annual statement produced by the Department of Community Affairs outlining the rights and responsibilities of tenants and landlords in New Jersey.^[4]

5. Window Guard Disclosure – The lease must include the following notice written in bold font:^[5][6]

The owner (landlord) is required by law to provide, install and maintain window guards in the apartment if a child or children 10 years of age or younger is, or will be, living in the apartment or is, or will be, regularly present there for a substantial period of time if the tenant gives the owner (landlord) a written request that the window guards be installed. The owner (landlord) is also required, upon the written request of the tenant, to provide, install and maintain window guards in the hallways to which persons in the tenant’s unit have access without having to go out of the building. If the building is a condominium, cooperative or mutual housing building, the owner (landlord) of the apartment is responsible for installing and maintaining window guards in the apartment and the association is responsible for installing and maintaining window guards in hallway windows. Window guards are only required to be provided in first floor windows where the window sill is more than six feet above grade or there are other hazardous conditions that make installation of window guards necessary to protect the safety of children.

Maximum Amount – The landlord may not charge more than one and a half months’ rent for the initial deposit. If the landlord collects an additional amount of security deposit, the additional amount may not be more than 10% of the existing deposit.^[7]

Collecting Interest – The landlord must place the security deposit in either an interest-bearing account at a financial institution or an insured money market fund established by an investment company based in New Jersey.^[8]

Returning – The landlord must return the security deposit and accumulated interest, minus any withheld amounts, within 30 days of the termination date.^[9]

• Itemized List – When returning the security deposit, the landlord must provide the tenant with an itemized list of any deductions from the amount, as well as interest or earnings on the initial deposit.^[9]

Grace Period – A tenant is allowed five business days to pay rent. Late rent fees or penalties cannot be assessed during such periods.^[10] After this period, if rent is not paid, the landlord can serve the tenant a 30-day notice to quit.

Maximum Late Fee – New Jersey state law does not establish a maximum penalty for the late payment of rent.

NSF Fee – $20 is the maximum amount a tenant may be charged for a bad check.^[11]

Withholding Rent – New Jersey state law empowers tenants to deposit their rent with a court-appointed administrator if the rental unit fails to meet minimum standards of safety and sanitation.^[12]

Standard Access – The landlord must provide at least one day’s notice to the tenant before entering the property for the purpose of making inspections or repairs.^[13]

Immediate Access – The landlord may have immediate access to the property in the case of safety or structural emergencies.^[13]

Absence – There is no statute establishing a length of time that a tenant must be absent for a rental property to be considered abandoned.

Breaking the Lease – A tenant may terminate their lease, effective 30 days after giving notice to the landlord, if they or their child face an imminent threat of domestic violence by remaining on the leased premises.^[14]

Tenant’s Utility Shutoff – If the tenant’s failure to maintain utilities violates the rules and regulations outlined in the lease agreement, the landlord will have grounds for their removal.^[15] The landlord may serve the tenant a 30-day notice to quit.^[16]

Unclaimed Property – The landlord must give written notice of their intent to dispose of any personal property left behind by a tenant.^[17] They must hold the property in storage for at least 15 days before it can be disposed of.^[18]