How to Transfer a Lease to a New Tenant in New Jersey

Transferring your rental lease to a new tenant, also called a lease assignment or subletting, is a common solution for renters who need to move before their lease ends in New Jersey. Understanding your rights and the legal process can help you avoid disputes and protect your security deposit.

Understanding Lease Transfers in New Jersey

In New Jersey, transferring a lease means that the renter either assigns their full rights and responsibilities to another person (assignment) or allows another person to temporarily take over the unit (subletting). Both options require landlord approval unless your lease agreement clearly allows it.

What Is a Lease Assignment vs. Subletting?

• Lease Assignment: You transfer the remainder of your lease—and all your obligations—to a new tenant, who becomes responsible for rent and the condition of the rental.
• Subletting: You remain on the lease and ultimately responsible, but someone else lives in the unit and pays rent, usually short-term.

Most New Jersey standard lease agreements require written permission from your landlord to assign or sublet. Review your original lease to see what it says about these options.

Step-by-Step: How to Transfer Your Lease

Follow these steps to legally and smoothly transfer your lease:

• Review your lease for any clauses about assignment or subletting.
• Get written permission from your landlord to assign the lease or sublet.
• Find a qualified new tenant who meets your landlord’s screening criteria.
• Complete a Lease Assignment Agreement (no official government form number, but sample templates are available on the New Jersey Department of Community Affairs website).
• Have all parties—current tenant, new tenant, and landlord—sign the agreement, specifying the assignment date and terms.
• Notify your landlord in writing and keep copies of all signed documents for your records.

Official Forms and Practical Example

• Lease Assignment Agreement: Used when you want to permanently transfer all lease rights and responsibilities to someone else. Example: If you lose your job and need to relocate, fill out a lease assignment form, get your landlord’s signature, and provide a copy to the new tenant. New Jersey official rental forms.
• Notice of Intent to Assign or Sublet: Some landlords may ask you to submit this notice before starting the process. While there is no standard state form, a written letter with your lease details, the reason for assignment/sublet, and the name of the proposed new tenant typically suffices.

What New Jersey Law Says

Tenant-landlord matters in New Jersey are governed by the New Jersey Statutes, Title 46: Property. While there is no statute that automatically guarantees your right to assign or sublet, your lease terms and the landlord’s consent are legally binding. Disputes about lease transfers can be taken to the local court or housing division in your county. The New Jersey Landlord-Tenant Court is responsible for residential lease cases and tenant petitions.

According to N.J.S.A. 46, failing to obtain landlord permission before transferring or subletting your lease may result in eviction or loss of your security deposit^[1].

Tips for a Smooth Lease Transfer

• Communicate openly with your landlord throughout the process.
• Keep detailed copies of all emails and signed agreements.
• Be honest with the new tenant about their rights and responsibilities.
• Resolve unpaid utility bills or damages before the transfer.

If you ever feel unsure, contact a tenant advocate or the appropriate court for assistance.

Frequently Asked Questions (FAQ)

1. Can my landlord refuse to let me assign my lease in New Jersey?
   Yes, unless your lease specifically says you can assign or sublet without landlord approval, your landlord can refuse the request for any lawful reason.
2. Will transferring my lease free me from all responsibilities?
   If you assign your lease and it is accepted by the landlord, you are usually released from future obligations, but subletting does not remove your responsibilities.
3. Do I need an official government form for lease assignment?
   No. There is no official state-issued form, but you can use sample templates from the New Jersey Department of Community Affairs to draft an agreement.
4. What if my landlord ignores my request to transfer the lease?
   Put your request in writing and keep a record. If your landlord does not respond, you may seek advice from your county’s Landlord-Tenant Court or Legal Services of New Jersey.
5. Can I charge the new tenant a fee for taking over my lease?
   No. You cannot profit from a lease assignment in New Jersey unless your landlord agrees to it in writing.

Key Takeaways

• Lease transfers and sublets in New Jersey require landlord permission.
• Always use a written agreement and keep documentation for your records.
• Check your lease, communicate clearly, and follow state guidelines to avoid legal issues.

Need Help? Resources for Renters

• New Jersey Department of Community Affairs — Landlord-Tenant Information: Guidance, forms, and tenant rights.
• New Jersey Landlord-Tenant Court: For filing complaints or disputes about lease assignments.
• Legal Services of New Jersey: Free or low-cost legal help for eligible renters.
• New Jersey Property Law (Title 46): Read the official legislation online.

---

1. New Jersey Statutes Annotated Title 46
2. Official Leasing Forms — New Jersey Department of Community Affairs
3. New Jersey Landlord-Tenant Court

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations