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What Is a New Jersey Month-to-Month Lease Agreement?

A New Jersey month-to-month lease agreement is a short-term rental agreement between the landlord and tenant. This tenancy arrangement can be as short as one month or, if it works out well between the parties, it can have an indefinite lease term.

A month-to-month lease must comply with New Jersey landlord-tenant law. A short-term monthly rental agreement should have all of the same clauses as a fixed-term rental agreement, including:

  • The amount of the monthly rent and when it is due
  • The late fee amount
  • The security deposit amount
  • Whether subletting the rental property is allowed on a month to month basis
  • Occupancy information for the rental unit
  • Parking policy
  • Pet policy
  • The notice period for lease termination for the tenant to move out
  • How to deliver a written notice
  • Eviction information

What Laws Apply to New Jersey Month-to-Month Lease Agreements?

The state laws that apply to New Jersey month-to-month lease agreements are found in various places. Primarily, they are found in N.J. Stat. Ann. §§ 46:8-1 to 46:8-50; 2a:42-1 to 42-96. In New Jersey, the state law (§ 46:21.2) limits landlords to charging no more than one and a half months of rent for a month-to-month rental agreement of up to one year. In addition, the security deposit must be returned to the renter within 30 days of the renter moving out of the real estate.  

It is crucial to understand both state laws and federal laws that affect residential lease agreements and prospective tenants if you are a landlord or a property manager. Understanding the required disclosures you must give, such as whether the property is in a flood zone, is imperative in protecting your legal rights. Seek legal advice if necessary. Leasing involves legal responsibilities and rights for both renters and landlords.

Terminating a New Jersey Month-to-Month Lease Agreement

According to § 2A:18.56, the notice period for terminating a New Jersey month-to-month lease agreement is 30 days. A written notice is required in the State of New Jersey.

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