Pet Rent Laws for New Jersey Renters: What Landlords Can Charge

If you rent in New Jersey and have or plan to get a pet, you might wonder whether your landlord can legally charge pet rent or fees. This guide will break down the New Jersey rules on pet rent, deposits, and extra charges, so you know your rights as a tenant and avoid any unpleasant surprises.

Can Landlords Charge Pet Rent, Pet Fees, or Pet Deposits in New Jersey?

In New Jersey, state law does not prohibit landlords from charging pet rent or one-time pet fees. However, there are important limits on what landlords can ask for upfront, especially when it comes to security deposits.

• Pet Rent: This is a monthly, recurring fee for having a pet. Landlords may legally charge this unless your lease specifically says otherwise.
• Pet Fees: One-time, non-refundable charges for having a pet are generally allowed unless local ordinances prohibit them.
• Pet Deposits: Any extra deposit for potential pet damage is counted toward the security deposit cap. In New Jersey, total security deposits (including any pet-related deposits) cannot exceed one and one-half months’ rent.^[1]

What Are the State Security Deposit Limits?

Under the New Jersey Security Deposit Law, a landlord cannot charge more than one and a half months’ rent for a security deposit. This means that if you are asked for a pet deposit, it is included in that total cap. A landlord cannot legally demand more, even if it is a separate pet deposit.

Exceptions: Service Animals and Emotional Support Animals

Federal and state laws require landlords to make reasonable accommodations for tenants with disabilities. Landlords cannot charge pet rent, fees, or deposits for service animals or emotional support animals needed due to a disability. This is protected under the federal Fair Housing Act.

Refunds: What If My Pet Does Not Cause Damage?

New Jersey law requires that security deposits—whether for general or pet-related issues—must be returned to the tenant within 30 days of moving out, minus any valid deductions for damage (including pet-related damage). Pet fees (non-refundable) and monthly pet rent are not refunded.

What If a Landlord Tries to Overcharge?

If a landlord asks for more than the legal limit for a deposit—including pet deposits—they are violating New Jersey law. Renters can notify their landlord, keep written records, and contact New Jersey’s Division of Consumer Affairs or the municipal rent board if the issue is not resolved.

Relevant Forms for New Jersey Renters

• Notice of Security Deposit Return (No official form number): This is typically a written notice from the landlord stating how your security deposit (including any pet portion) will be returned. You can find helpful guidance and templates from the New Jersey Department of Community Affairs' tenant information booklet.
  Example: If you’re moving out, request in writing details about your deposit return—including the pet portion—using sample language in the booklet linked above.
• Complaint to Municipal Rent Board (varies by city): If you believe your landlord violated security deposit laws, you can usually file a complaint with your local board. See the official guide for your city’s housing or rent board contacts.
  Example: If you were overcharged, get a copy of the complaint form from your town’s website or office and submit it with supporting documents.

Which Board Handles Rental Disputes?

Rental issues, including disputes about deposits or unlawful charges, are typically handled by your local municipal rent board. Some matters can also be brought to the New Jersey Special Civil Part – Landlord/Tenant Section if the amount is under $15,000. You can find more in the official New Jersey Tenants' Rights Handbook.

FAQ: Pet Rent and Fees in New Jersey

1. Can my landlord make me pay both pet rent and a pet deposit?
   Yes, but the total of any deposits—regular plus pet deposit—cannot be more than one and a half months’ rent. Pet rent is a separate, monthly fee, and is allowed unless your lease says otherwise.
2. Are non-refundable pet fees legal in New Jersey?
   Yes, as long as the fee is reasonable and not disguised as an excessive deposit. But any refundable pet deposit counts toward the security deposit cap.
3. Do service animal owners have to pay pet rent or fees?
   No. Landlords cannot charge any extra fees, rent, or deposits for service animals or emotional support animals under federal law.
4. How do I get my pet deposit back?
   You should receive your security deposit (including any pet deposit) within 30 days of moving out, minus legitimate charges for damage. Request details in writing.
5. Who can help if my landlord charges too much for a pet deposit?
   Your local municipal rent board or the New Jersey Division of Consumer Affairs can assist. You can also file a claim with the New Jersey Special Civil Part – Landlord/Tenant Section if your dispute is under $15,000.

Conclusion: What New Jersey Renters Should Know

• Landlords can charge pet rent and fees, but all pet-related refundable deposits must follow the 1.5-month security deposit cap.
• Service animals are exempt from any extra charges.
• If charged above legal limits, contact your local rent board or state housing agency for support.

Understanding these rules can help avoid misunderstandings and ensure fair treatment under the law.

Need Help? Resources for Renters

• New Jersey Department of Community Affairs – Truth in Renting Guide
• New Jersey Special Civil Part – Landlord/Tenant Section
• Landlord-Tenant Information Service – NJ DCA
• Contact your city or township’s municipal rent board for local support

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1. See New Jersey Security Deposit Law, Truth in Renting Guide by the NJ Department of Community Affairs
2. Federal Fair Housing Act protections, via U.S. Department of Justice Overview
3. New Jersey Landlord/Tenant Information, official NJ DCA resource

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