Smart Locks and Tenant Privacy Rights in New Jersey

Smart locks are becoming common in New Jersey rentals, offering convenient keyless access for both landlords and tenants. But as technology in housing advances, many renters have questions about their privacy rights and what laws protect them. Understanding how smart locks impact your right to privacy and landlord entry is crucial for tenants who want to feel safe and respected in their home.

How Smart Locks Change Rental Privacy

Unlike traditional keys, smart locks use electronic codes, digital apps, or fobs for entry. These systems may also log entry times and even share access data with landlords or property managers. In New Jersey, these features raise specific privacy questions for tenants, especially when it comes to:

• Who has digital access codes or logs?
• How and when can a landlord enter your rental unit?
• Can you refuse installation of a smart lock?
• Your rights if you want to change the code

The core issue is balancing convenience and security with your legal right to privacy.

New Jersey Tenant Privacy Laws and Landlord Entry

In New Jersey, the main rental law is the New Jersey State Housing Code (N.J.A.C. 5:10). This law, alongside parts of the Truth-in-Renting Act, outlines your rights as a tenant, including:

• Reasonable right to privacy: Landlords can't enter your home except for emergencies, repairs, inspections, or by agreement.
• Advance notice: Unless it's an emergency, landlords should give advance notice (usually 24 hours, unless a different notice is specified in your lease).
• No removal of tenant access: Landlords may not prevent you from having access to your own rental unit or change codes/locks without proper notice or reason.

Smart Locks: What Landlords Must and Must Not Do

While New Jersey law does not directly reference smart locks, the rights outlined apply regardless of lock type. Your landlord should:

• Give you immediate and ongoing access to your rental when a smart lock is installed
• Not change codes or restrict your entry without notification and just cause
• Provide advance notice for any non-emergency entry—even if they have electronic access
• Inform you about any monitoring features (like entry logs or cameras)

If your landlord installs a smart lock or wants access to logs, ask for written details about what information will be collected and who can see it.

Official Forms for Landlord Entry or Privacy Concerns

• Landlord-Tenant Complaint (LT-1): Used if your landlord enters without notice, restricts your access, or violates privacy rights.
  LT-1 Landlord-Tenant Complaint Form.
  Example: If your landlord changes your smart lock code without warning or without an emergency, you can use this form to file a complaint in county court.
• Request for Reasonable Accommodation: Not an official state-wide form, but tenants requesting accommodations for disability-related access to traditional locks (versus smart locks) may submit a written request to landlords using guidance from the Division on Civil Rights.

Always follow up with your landlord or property manager in writing when using these forms.

Your Rights Around Smart Locks: Practical Steps

If you have concerns about privacy or landlord entry with a smart lock system, here are recommended actions:

• Review your lease: Check for language about locks, landlord entry, or surveillance.
• Discuss in writing with your landlord if you want control over codes or access rights.
• If denied access or privacy, consider filing an LT-1 complaint in county court or seeking mediation through the New Jersey Department of Community Affairs (DCA).
• If you need an accommodation due to disability, send your request in writing, using DCA or Division on Civil Rights guidance.

New Jersey does not have a specific tribunal for landlord-tenant disputes; these matters are heard in Special Civil Part - Landlord/Tenant Section of the Superior Court.

Frequently Asked Questions

1. Can my landlord install a smart lock without my permission in New Jersey?
   Landlords generally must provide you with access and cannot deny you entry. While they can upgrade locks as part of maintenance, they must also notify you, ensure you have immediate access, and follow applicable privacy and notice rules.
2. Does my landlord have to give me notice before entering with a smart lock?
   Yes—even if the landlord has remote or code access, they must give reasonable notice (typically 24 hours unless it’s an emergency).
3. What can I do if my landlord changes my smart lock code without notice?
   You can file a Landlord-Tenant Complaint (LT-1) in Superior Court, especially if your access is restricted or your right to privacy is violated.
4. Are there rules about landlords accessing smart lock entry logs?
   While no specific New Jersey law covers smart lock logs, privacy rights apply. Landlords should notify you if they are monitoring entry logs, and you have a right to ask who can access this information.
5. Can I request a traditional key if a smart lock doesn’t work for my disability?
   Yes. New Jersey law allows tenants to request reasonable accommodations for disabilities, including changes to entry systems for accessibility.

Summary: Key Takeaways for NJ Renters and Smart Locks

• You have a right to privacy no matter how your door is secured.
• Landlords must give advance notice before entering your home, even if they have digital access.
• If you lose access or your landlord violates these rights, you can file a complaint using the official LT-1 form in Superior Court.

Always review your lease, communicate in writing, and use official channels if you feel your privacy is at risk.

Need Help? Resources for Renters

• Special Civil Part - Landlord/Tenant Court (NJ Superior Court): Handles all formal rental disputes, including privacy violations and illegal entry.
• New Jersey Department of Community Affairs, Division of Housing and Community Resources: Offers guidance on rental rights and complaint procedures.
• NJ Division on Civil Rights: For reasonable accommodation concerns or discrimination related to smart locks or access.
• New Jersey Landlord-Tenant Statute (N.J.S.A. Title 46): Full text of state rental laws.

---

1. N.J.A.C. 5:10 – New Jersey State Housing Code
2. N.J.A.C. 5:12 – Truth-in-Renting Act
3. NJ Superior Court, Special Civil Part – Landlord/Tenant Information
4. LT-1 Landlord/Tenant Complaint Form
5. NJ Division on Civil Rights – Fair Housing and Disability Accommodations

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