Frequently Asked Questions

Your Lease

What should every lease include?

  • Names of landlord and tenant(s)

  • Address of the rental unit

  • Length of the lease (month-to-month, one year, etc.)

  • Rent amount, when it’s due, and how it must be paid

  • Security deposit amount (cannot be more than 1.5 months’ rent in NJ, per N.J.S.A. 46:8-19)

  • Who pays utilities (tenant or landlord)

  • Landlord’s registration information (required under N.J.S.A. 46:8-28 — you have the right to a copy)

  • If your building has 3 or more units, your landlord must give you a copy of the NJ DCA Truth in Renting statement at lease signing

What lease terms are NOT legal in New Jersey?

  • “Waiving your rights.” A lease cannot make you give up rights NJ law protects (habitability, right to court process, protection from retaliation).

  • “Automatic eviction.” A clause saying the landlord can lock you out without court is illegal. Only a Special Civil Part court officer can evict.

  • “No guests allowed.” A landlord can set reasonable limits (e.g., subletting rules) but cannot ban you from having family or friends visit.

  • “You must pay for all repairs.” Tenants can be responsible for damage they cause, but landlords must cover normal wear and tear and keep the unit habitable.

  • Uncapped late fees. NJ allows late fees only if they are reasonable and clearly spelled out in the lease. Senior citizens and tenants receiving certain government benefits get a mandatory 5-business-day grace period under N.J.S.A. 2A:42-6.1.

Do I have to sign a year lease?

Not always. Many rentals in Newark are month-to-month. You can ask for a shorter or longer lease — but the landlord doesn’t have to agree.

Should I keep a copy of my lease?

Yes. Always keep a signed copy. If your landlord doesn’t give you one, write down the details and ask in writing for a copy.

Repairs, Mold & Habitability

What if the lease doesn’t say anything about repairs or maintenance?

It doesn’t matter. NJ law requires landlords to keep the place safe and livable — including heat, hot water, electricity, working plumbing, and freedom from pests — under the implied warranty of habitability (Marini v. Ireland, 56 N.J. 130).

What if my landlord ignores my repair requests?

Document everything. Send a written repair request and keep a copy. If ignored:

What counts as a “serious repair” the landlord must fix?

Heat, hot water, plumbing, electricity, working locks, pest control, and anything that makes the unit unsafe or unlivable. NJ requires heat of at least 68°F (6 a.m.–11 p.m.) and 65°F (11 p.m.–6 a.m.) from October 1 through May 1 (May 15 in buildings with 3+ units).

Is my landlord required to fix mold?

Yes. Mold caused by leaks, poor ventilation, or water damage must be fixed by the landlord. NJ law requires landlords to provide safe and habitable housing.

Can I stop paying rent because of mold (or other serious problems)?

Possibly — but it must be done correctly. Under Marini v. Ireland, you must (1) give the landlord written notice of the problem, (2) give a reasonable time to fix it, and (3) deposit the full rent in a separate bank account each month — do not spend it. If the landlord sues, you can ask the court for a habitability (“Marini”) hearing to determine how much rent should be abated. Withholding rent without setting up an escrow account is risky and can lead to eviction.

Can my landlord keep charging full rent while my apartment is unlivable?

No. You may be entitled to rent abatement — a reduction or suspension of rent — until repairs are finished and the unit is safe again.

Who pays if I need to move during remediation of mold or asbestos?

If the landlord’s neglect caused the problem, they may need to pay for temporary housing. At minimum, you should not have to pay rent for the time you can’t live there. Save every receipt and notify Newark Code Enforcement or the NJ DCA in writing.

What if my landlord refuses to reduce my rent or provide temporary housing during mold or asbestos remediation?

Document everything. Save receipts for hotels or expenses, and report the unsafe conditions to Newark Code Enforcement at (973) 733-3813.

Do I have a right to know about lead paint?

Yes — two separate rights apply:

  1. NJ Lead-Safe Rental Law (N.J.A.C. 5:28A). Most rental dwellings must be inspected for lead-based paint hazards every 3 years or at tenant turnover, whichever comes first. Lead-safe certificates are valid for 2 years. You can ask your landlord for the current certificate.

  2. Federal Lead-Based Paint Disclosure Rule. If your building was built before 1978, your landlord must give you the EPA’s “Protect Your Family From Lead in Your Home” pamphlet and disclose any known lead-based paint or hazards before you sign the lease.

Security Deposits

How much can my landlord ask for a deposit?

No more than 1.5 months’ rent up front (N.J.S.A. 46:8-19).

When does my landlord have to return my deposit?

Within 30 days after your tenancy ends (N.J.S.A. 46:8-21.1). The landlord must send the deposit plus any accrued interest, along with an itemized statement of any deductions, by personal delivery, registered mail, or certified mail to your forwarding address.

What happens if my landlord doesn’t return my deposit on time?

You can sue in Special Civil Part Court. If you win, the court must award you double the amount wrongfully withheld, plus court costs, and may also award attorney’s fees (N.J.S.A. 46:8-21.1).

Rent & Rent Increases

Can my landlord raise the rent in the middle of the lease?

No. Rent is locked in until the lease ends, unless the lease specifically allows an increase (rare). For rent-controlled units, increases are also capped by Newark’s ordinance.

What if I get a rent increase that feels unfair?

Check whether your unit is covered by Newark rent control. For covered units, Newark caps annual rent increases at the lower of 4% or the published CPI-U percentage for the month the increase takes effect (Newark Municipal Code 19:2-3). Your landlord must also be registered with the Newark Division of Rent Control — if they aren’t, they can’t legally raise your rent at all. You can file a rent adjustment petition with the Division of Rent Control at (973) 733-3675 or rentcontrol@ci.newark.nj.us.

Lockouts & Retaliation

Can my landlord change the locks on me?

Never. Only a Special Civil Part court officer carrying out a Warrant of Removal can lawfully remove a tenant. Illegal lockouts — including changing locks, padlocking doors, removing your belongings, or shutting off utilities — can result in civil damages of up to three times your monthly rent, plus all damages and attorney’s fees (N.J.S.A. 2A:39-1), and are a disorderly persons offense under N.J.S.A. 2C:33-11.1.

Can my landlord punish me for calling Code Enforcement or otherwise asserting my rights?

No. Retaliation — including raising rent, cutting services, or filing for eviction because you exercised your rights — is illegal under the New Jersey Anti-Reprisal Act (N.J.S.A. 2A:42-10.10). And if your landlord takes adverse action within 90 days of your protected activity, the law presumes it is retaliation, and the landlord must prove a legitimate, non-retaliatory reason (N.J.S.A. 2A:42-10.12).

Eviction

How long does the eviction process take?

It depends, but the full process usually takes several weeks to a few months. After the landlord files a complaint, you’ll receive a summons with a court date. If the landlord wins, the Warrant of Removal can be issued 3 business days after the judgment, and once posted, you have at least 3 more business days before a Special Civil Part court officer can remove you. You can ask the court for an “Order for Orderly Removal” for additional time if you have hardship.

Can I stop a non-payment eviction by paying what I owe?

Often, yes. Under N.J.S.A. 2A:18-55, if you pay the full amount of back rent owed plus court costs before the judge enters judgment, the case must be dismissed.

Safe Housing (Domestic Violence)

I’m in a domestic violence situation and need to break my lease for safety reasons. What should I do?

Under New Jersey’s Safe Housing Act (N.J.S.A. 46:8-9.6), survivors of domestic violence — and tenants whose children face imminent threat of serious physical harm — can end a lease early with 30 days’ written notice and qualifying documentation (a restraining order, recent police report, court order, or certification from a licensed professional). The landlord must also return your security deposit within 15 days after you vacate.

For 24/7 help, call the NJ Statewide Domestic Violence Hotline at 1-800-572-SAFE (7233). In an emergency, call 911.

Discrimination

What should I do if I think I’m being discriminated against?

It’s illegal to deny housing based on race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, marital status, familial status, disability, source of lawful income (including Section 8/Housing Choice Voucher), and other protected categories. File a complaint with the NJ Division on Civil Rights or with HUD under the federal Fair Housing Act.