The Most Commonly Used New Jersey Lease Agreement
The most commonly used New Jersey 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 agreement.
How to Write a Standard New Jersey Lease Agreement
A standard New Jersey lease agreement is the most commonly used residential leases. While they’re generally in place for a year, they often renew as a month-to-month at the end of the term. Remember that like any other New Jersey lease agreement, this one must comply with Title 46. To write a standard New Jersey lease agreement, you must include:
- The date the standard lease agreement was created
- The full name of the landlord and the tenant
- The address of the property
- The county where the property is located
- The term of the lease
- The date the lease begins and the date the lease ends
- The amount of rent paid each month by the landlord and the tenant
- The date the rent is due each month
- The amount of first and last month’s rent
- The amount paid for the security deposit
- How the premises may be used
- The names of any occupants besides the named tenants
- Condition of the premises upon move-in.
- Whether subletting is allowed.
- Whether hazardous materials are on the property.
- Whether the landlord or tenant is responsible for the utilities
- How tenants may request maintenance and repairs
- When there will be an inspection of the premises
- What happens if the tenant decides to stay after the lease expires (known as a holdover)
- How the property will be surrendered
- Whether pets are allowed
- Any amount of late fee that will be charged if the tenant doesn’t pay the rent on time
- What is considered property abandonment
- How attorney’s fees are handled in the event of court
- Whether the tenant is required to purchase their own crime insurance policy
- An indemnification clause protecting the landlord from being sued
- Whether there are child protection window guards
- How keys will be returned
- A Truth in Renting notice
- An area to list the address where the landlord and the tenant may receive legal notices
Finally, a standard New Jersey lease agreement must be signed by both the landlord and the tenant. Both should keep a copy of the lease after it is signed.
What Disclosures Must Be Made in a New Jersey Lease Agreement?
Under state law, a New Jersey lease agreement 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.
Under federal law, if the residential unit is built before 1978, the landlord is required to give a lead paint disclosure.
The landlord must provide at least one day of notice to the tenant before entering the leased property.
What You Need to Know about New Jersey Lease 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.