Essential Elements in a New Jersey Lease Agreement

Understanding what needs to be in your lease agreement is the first step to protecting your rights as a New Jersey renter. A clear, complete lease forms the foundation for a positive landlord-tenant relationship and provides legal protections for both sides. If you’re preparing to sign a lease, or want to be sure your current lease is valid under New Jersey law, read on for key information you need to know.

Required Elements in a New Jersey Lease Agreement

New Jersey law lays out certain details that must be included for a lease agreement to be legally binding. Here’s what every residential lease should include:

• Names of all parties: Both landlord and tenant's full names and contact information
• Property address: The full street address and unit number (if applicable)
• Lease term: Clear start and end dates (or month-to-month details, if applicable)
• Rent amount and due date: The full rent amount, when it is due, and where/how it should be paid
• Security deposit: Amount paid (cannot exceed 1.5 months’ rent), where it will be held, and conditions for return
• Utility responsibilities: Which utilities (electric, water, etc.) are paid by the landlord and which by the tenant
• Maintenance and repair duties: Who is responsible for repairs and maintaining the property
• Late fees and grace periods: Clearly stated policies if late rent is charged
• Entry notice requirements: How much notice the landlord must give before entering (usually at least 24 hours)
• Signatures: Signatures of both landlord and tenant, plus date of signing

These elements are required by New Jersey’s Truth In Renting Act and the state’s main tenancy laws.^[1]

Other Important Disclosures Landlords Must Provide

Some disclosures are legally required to protect renters:

• Lead-Based Paint Disclosure: For properties built before 1978, landlords must provide the federal lead paint disclosure form (EPA Form 747-K-99-001).
• Flood Zone Disclosure: Landlords are required to notify tenants if the property is in a flood zone, using the NJ Flood Plain Notice form.^[2]
• Identity of Owner/Managing Agent: Landlords must disclose the identity and address for the owner, and anyone responsible for property management or receiving notices.

Giving these disclosures up front can prevent conflicts and help renters make informed choices.

What Happens if Your Lease Is Missing Required Items?

If your lease is missing key information, it may still be enforceable, but you could be at a disadvantage during disputes. In some cases, missing or improper disclosures (like regarding lead paint) can even allow you to break the lease. It's important to ask for a written, complete lease and keep a copy for your records.

Commonly Used Lease-Related Forms in New Jersey

These official forms are commonly involved in starting or amending a lease:

• Truth in Renting Act Statement – Landlords must give renters the latest edition of the Truth in Renting Guide at or before the lease signing.
• Federal Lead-Based Paint Disclosure (EPA Form 747-K-99-001): Required for homes built before 1978.
  Example: If you sign a lease for an older apartment, your landlord must provide and have you sign this form. Download here.
• NJ Flood Plain Notice: Required if your unit is in certain flood-risk zones.
  Example: Your landlord will supply and review this form with you if the property is affected. Download here.

Presenting these forms is part of keeping your lease compliant and your rights protected.

Who Oversees Landlord-Tenant Issues in New Jersey?

Residential rental disputes in New Jersey are generally handled by your local county Special Civil Part – Landlord/Tenant Section, part of the New Jersey Courts system. This tribunal handles eviction cases, disputes, and other rental matters.^[3]

1. What basic information must be in a New Jersey lease?
   The lease must include the full names of all parties, property address, lease term, rent details, security deposit info, signatures, and disclosures required by state and federal law.
2. Do all leases have to be in writing in New Jersey?
   While oral rental agreements are legal for leases under 3 years, a written lease is strongly recommended to avoid disputes and must be used to enforce certain rights or protections.
3. Can my landlord include additional rules in my lease?
   Yes, as long as additional rules or clauses do not conflict with New Jersey state law or your rights under the Truth In Renting Act.
4. Where can I get official forms or help if something is missing from my lease?
   You can find official forms and information from the Department of Community Affairs Landlord-Tenant Information and the New Jersey Courts Landlord/Tenant site.
5. What should I do if my landlord refuses to provide required disclosures?
   You can request them in writing; if your landlord refuses, contact your local Special Civil Part – Landlord/Tenant Section for assistance or file a complaint with the New Jersey Department of Community Affairs.

Summary: Key Takeaways for New Jersey Renters

• A valid lease must include party names, address, term, rent, deposit, responsibilities, and required disclosures.
• Official disclosures such as lead paint or flood risk notices are mandatory in some cases.
• Use official resources to confirm your lease's legality and resolve issues through the Special Civil Part if needed.

Having a complete and legal lease helps prevent misunderstandings and protects your rights throughout your tenancy.

Need Help? Resources for Renters

• New Jersey Truth in Renting Guide (Department of Community Affairs)
• Landlord-Tenant Information Service (DCA, contact info and forms)
• Special Civil Part – Landlord/Tenant Section (NJ Courts)
• Flood Zone Disclosure Form
• For further support, call the DCA at (609) 292-6400 or consult your county courthouse’s Housing Division.

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1. See: New Jersey Truth in Renting Act and New Jersey Statutes Title 46 (Tenancy Law).
2. See: N.J.A.C. 5:10-7.1(c) – Flood Disclosure.
3. See official tribunal: Special Civil Part – Landlord/Tenant Section.

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