New Jersey Laws
Requirement to Record: A lease with an option to purchase is not legally required to be recorded. However, it must be recorded to establish constructive notice.[1]
Expiration: State law does not explicitly establish an expiration for constructive notice.
Maximum Term: State law does not set a maximum term for a lease with an option to purchase.
No Duration: If the lease does not set a specific duration for the option to purchase, the option will expire automatically when the lease ends.
Signing Requirements: Must be in writing and signed by the seller.[2]
Required Disclosures (5)
1. Flood Risk – Landlords are required by law to disclose whether the property is located in a FEMA special flood hazard area or a moderate risk flood hazard area. Hazard areas can be determined through the FEMA Flood Map Service Center.[3]
2. Flood Insurance Notice – All leases must include the following notice to tenants:[4]
“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.”
3. Lead-Based Paint Disclosure & EPA Pamphlet – If the property was built before 1978, the landlord must disclose that the walls and ceiling may contain lead-based paint.
4. Truth in Renting Act – Tenants should receive an explanation of their rights and responsibilities as defined by the Department of Community Affairs.[5]
5. Window Guard Disclosure – Leases must include the following notice in bold font:[6][7]
“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.“
Seller’s Disclosures (1)
1. Seller’s Property Disclosure Statement – While using a property disclosure form is not required by law, the seller is still legally required to disclose relevant material facts about the property. This form includes the legally required disclosures about flood hazard information.[8]