New Jersey Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

1.5 times one month's rent. If the landlord collects more security later, the extra collected in any year may not exceed 10% of the current deposit (46:8-21.2). The deposit stays the tenant's money, held in trust and not mixed with the landlord's own funds; it must sit in an interest-bearing account at a New Jersey bank or savings institution (landlords with 10+ units: an insured money-market fund or variable-rate account) (46:8-19(a), (b)).

Return deadline days

30 days

Itemization required

Yes

Interest required

Yes. The interest belongs to the tenant and is paid each year in cash or credited toward rent on the lease renewal or anniversary (or each January 31 after written notice). Within 30 days of receiving the deposit (and on moving it, on each annual interest payment and on sale of the property) the landlord must tell the tenant in writing the bank's name and address, account type, interest rate and amount. If the landlord fails to invest the deposit, give the notice or pay interest, the tenant may give written notice and apply the deposit plus 7% annual interest to rent, and the landlord can't demand a new deposit; for a missed annual payment or notice the landlord first gets 30 days to fix it (46:8-19(c)).

Source: N.J.S.A. 46:8-19, 46:8-21.1, 46:8-21.2, 46:8-24, 46:8-26

Late fees

Rule

No statewide cap on late fees for ordinary tenants was found in the statutes. Tenants who are senior citizens receiving Social Security Old Age, Railroad Retirement or other government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, get a grace period of five business days (excluding weekends and State or federal holidays) when rent is due on the 1st, and no late charge may be made that includes the grace period (2A:42-6.1, 6.3). A landlord who violates this is a disorderly person (2A:42-6.2). In a nonpayment eviction, if the tenant pays all rent due within 3 business days after the warrant for removal is posted, no late fee above the amount in the warrant application may be charged (2A:42-10.16a).

Source: N.J.S.A. 2A:42-6.1, 2A:42-6.2, 2A:42-6.3, 2A:42-10.16a

Landlord entry

Notice

No general landlord-entry notice statute was found. A state regulation for multiple dwellings (buildings with 3+ units) says the tenant must give the owner or agent access for code inspections and needed repairs 'upon reasonable notification, which under ordinary circumstances shall be one day', and immediate access in safety or structural emergencies (N.J.A.C. 5:10-5.1(c); multiple dwelling defined in N.J.S.A. 55:13A-3). Hotels: immediate access.

Source: N.J.A.C. 5:10-5.1(c); N.J.S.A. 55:13A-3

Ending a month-to-month tenancy

Tenant

No New Jersey statute found that sets how much notice a tenant must give to end a month-to-month tenancy. Check the lease. A tenant who holds over after a lease of one month or longer becomes a month-to-month tenant if the landlord accepts rent (46:8-10).

Landlord

Most residential tenants are covered by the Anti-Eviction Act: the landlord may not evict or refuse to renew except for one of the listed good causes (2A:18-61.1, 61.3), and the end of the term alone is not enough. The written notice depends on the cause: 3 days (disorderly conduct, damage, certain crimes), one month (rule or lease violations after a notice to cease, habitual late payment, refusing reasonable lease changes), 3 months (code-violation removal), 2 months (owner occupancy in buildings of 3 or fewer units), 18 months (retiring the building), 3 years (condo/co-op conversion) (2A:18-61.2). Not covered: owner-occupied buildings with no more than 2 rental units, plus seasonal and transient rentals; for these, a month-to-month tenancy ends with one month's notice to quit (2A:18-56(b)).

Source: N.J.S.A. 46:8-10; 2A:18-61.1, 2A:18-61.2, 2A:18-61.3, 2A:18-61.4; 2A:18-53, 2A:18-56

Rent increases

Rule

No statewide notice period in days for rent increases was found in the statutes. A covered tenant can be evicted for not paying an increase only after a valid notice to quit and notice of the increase, and only if the increase isn't unconscionable and complies with any other laws or municipal ordinances that govern rent increases (2A:18-61.1(f)). The landlord can also propose reasonable lease changes when the lease ends (2A:18-61.1(i), with one month's notice under 2A:18-61.2(e)).

Statewide rent control

No statewide rent control for apartments was found in the statutes. Municipal rent-control ordinances may apply (2A:18-61.1(f)). A 3.5% per 12-month cap applies only to manufactured-home sites (52:27D-287.13).

Source: N.J.S.A. 2A:18-61.1(f), (i); 2A:18-61.2(e); 52:27D-287.13

Repairs & habitability

Rule

Under the rent receivership law, a tenant or a municipal public officer can ask the court to have rents paid into court and used to fix a lack of heat, running water, light, electricity or adequate sewage disposal, any other substantial violation of state or local housing or health codes, or any condition dangerous to life, health or safety. The condition must first be brought to the owner's attention and left unfixed for a reasonable time. Rent deposited under such a judgment is a defense to eviction for nonpayment (2A:42-87, 88, 90, 92). Owner-occupied premises with no more than 2 rental units are excluded (2A:42-86(d)). The common-law warranty of habitability, rent withholding and repair-and-deduct are court-made rules that are not in the statutes and are not covered here.

Source: N.J.S.A. 2A:42-85 to 2A:42-92

Retaliation

Rule

A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as reprisal for the tenant trying to enforce rights under the lease or law, making a good-faith complaint to a government authority (after first telling the landlord and allowing reasonable time to fix it), or being involved in any lawful organization (2A:42-10.10). A notice to quit or substantial change without cause after such an act creates a rebuttable presumption of reprisal; no fixed time window applies (2A:42-10.12). The tenant can sue for damages and injunctive relief and wins any eviction case brought for these reasons (2A:42-10.10, 10.11). Does not apply to owner-occupied premises with no more than 2 rental units (2A:42-10.13).

Source: N.J.S.A. 2A:42-10.10 to 2A:42-10.13

Clauses often unenforceable in New Jersey

• Waiving any Security Deposit Law right (absolutely void) (46:8-24)
• Allowing termination or nonrenewal without the good cause listed in the Anti-Eviction Act, or waiving other rights under it (2A:18-61.4)
• Any clause that violates clearly established tenant rights or landlord duties; the tenant may ask a court to end the lease (46:8-48)
• A deposit above 1.5 months' rent, or added security above 10% of the current deposit per year (46:8-21.2)
• Requiring rent or other payments by electronic funds transfer (46:8-49.1)
• A one-way attorney's fee clause: a lease letting the landlord recover attorney's fees implies a matching right for a tenant who wins, and the clause must carry the required bold notice (2A:18-61.66, 61.67)
• Application fees above $50 (CPI-adjusted yearly; not for 1-2 family dwellings) (46:8-18.1)
• Late charges during the 5-business-day grace period for covered senior or benefit-recipient tenants (2A:42-6.1, 6.3)