Most Commonly Used New Jersey Lease Agreement
The most commonly used New Jersey rental lease agreements are standard annual lease agreements, a month-to-month lease agreement, a lease to own agreement, a roommate agreement, a sublease agreement, and a commercial lease agreement.
While the most commonly used New Jersey rental agreements share many of the same elements, they also have some distinct differences.
- For example, a roommate agreement may outline which areas in the rental property are for the exclusive use of the roommate and which areas may be used by all of the residents.
- A standard residential lease agreement may be for a year, and upon termination of that year, switch to a month-to-month or automatically renew. However, it may be similar to a month-to-month lease in some ways. For instance, both may require a 30 day written notice to move out at the end of the agreement if the tenant and landlord do not plan to renew their agreement.
How to Write a New Jersey Lease Agreement
New Jersey lease agreements must adhere to New Jersey landlord-tenant laws or they are unenforceable. There are a lot of different laws that you must also consider. You’ll learn more about some of them under the section related to disclosure and security deposits.
Before you sign a New Jersey lease agreement, make sure that you read the terms. You also have the right to have an attorney review a New Jersey lease agreement before you sign it.
A New Jersey lease agreement needs:
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Names of the Parties - This is the landlord’s full name or the property management company’s legal business name and the legal name of the tenants(s).
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Property Address - This is the street address for the rental property, including the city, zip code, and, if applicable, the lot or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the space for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date that the lease will end.
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Rental Amount - This section includes the date that the lease agreement will begin, the amount of the monthly rent, the day of the month that rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that is due if the rent is not paid by a certain date.
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Security Deposit - This is the amount of money that must be paid in advance of the tenant taking control of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that the tenant must pay to move into the rental property or unit. This should include the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the legal name of each tenant even if they are a minor or are not signing the lease. This part of a New Jersey residential lease agreement establishes who will reside in the residential unit. For commercial spaces leases, it designates those who have permissions to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If a parking space is reserved and there is a designated spot, the spot should be listed in this section.
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Furnishing - This section tells tenants what they are allowed to install (such as a washing machine or dishwasher) or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this listed section.
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Notices - This section documents the names of the landlord or property manager and tenant along with their mailing address. This contact information is used if the parties need to send out a notice to the other party.
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Eviction - This informs tenants how eviction would be carried out in the event of nonpayment or breach of other lease terms.
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Additional Terms - This section lists any other terms that the parties agreed to that haven’t been included in any other section of the lease agreement.
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Signature and Date - The document should be signed and dated by all parties.
Which Disclosures Belong in a New Jersey lease Agreement?
Under state law, a New Jersey landlord must include the following disclosures:
- If the property is located in a flood zone.
- A Truth in Renting disclosure unless the tenant will live in a dwelling of two or less units or three or less units if the tenant will occupy a unit within 30 days of signing the lease.
- A bold font window guard statement: 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.
The landlord must provide at least one day of notice to the tenant before entering the leased property.
Under federal law, if the residential unit is built before 1978, the landlord is required to give a lead paint disclosure.
What You Need to Know About New Jersey Agreement Deposits
The maximum amount of a security deposit that the landlord can request is one and a half month’s rent. If the tenant stays on the property for more than a year, the landlord may not request more than an additional 10% of the monthly amount. The landlord must return the security deposit to the tenant within 30 days of the end of the lease.
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