What To Do If Your Landlord Breaks the Lease in NJ

If you're renting a home or apartment in New Jersey and your landlord breaks the lease agreement, you may feel uncertain about your rights and what actions to take. Understanding the legal steps available helps protect your housing and ensures both sides follow the law. In New Jersey, tenant rights are protected under detailed state laws that set out clear responsibilities for landlords and renters alike.

Understanding Lease Violations by Landlords in New Jersey

A landlord may "break the lease" by failing to comply with significant terms of your rental agreement or state law. Common examples include:

• Illegally entering your unit or failing to give proper notice
• Not making essential repairs affecting habitability
• Wrongfully attempting eviction or locking you out
• Raising rent without lawful notice during a fixed-term lease

In New Jersey, both landlords and tenants are bound by the New Jersey Statutes, Title 46—Property, including the Truth in Renting Act and the New Jersey Anti-Eviction Act. These laws provide renters with protections and remedies when a landlord fails to uphold their duties.^[1]

Steps to Take if Your Landlord Breaks the Lease

Addressing a lease violation can be stressful, but New Jersey provides clear procedures so renters can protect their rights. Here are the recommended steps:

1. Review Your Lease and New Jersey Tenant Laws

• Check your written lease for terms your landlord may have violated.
• Consult the Truth in Renting Guide for tenant protections.

2. Communicate with Your Landlord

• Notify your landlord, preferably in writing, about the issue.
• Keep records of all communications—emails, texts, letters—for your protection.

3. Submit a Formal Notice or Request

• For repair or habitability issues, use the Request for Repairs Form (no official state number)—this document records your request and starts a paper trail.
• Example: If your heat is not working, submit this form to your landlord and keep a copy.

4. Seek Help from State and Local Agencies

• If conditions are unsafe, contact your municipality’s code enforcement or the NJ Department of Community Affairs, Housing Inspection.
• If your landlord attempts an illegal eviction, notify the New Jersey Superior Court, Landlord-Tenant Section.

5. File a Complaint or Take Legal Action

• To enforce your rights, you may file an official complaint with the Tenant Complaint Form (DCA-Complaint).
• For unresolved disputes, consider filing a case with the Superior Court of New Jersey’s Landlord-Tenant Section.

Key Official Forms for Renters

• Request for Repairs Form (no official state number): Use when asking your landlord for repairs that affect health or safety. Example: Broken heating in winter. Download Request for Repairs Form.
• Tenant Complaint Form (DCA-Complaint): File with the Department of Community Affairs if your landlord fails to address violations after notice. Example: Persistent leaks or unsafe conditions remain unresolved. Download Tenant Complaint Form.

Filing these forms helps you document your concerns officially and puts your landlord on notice.

Enforcement and Where to Get a Decision

Most residential tenancy disputes in New Jersey are resolved through the Superior Court of New Jersey, Landlord-Tenant Section. They are responsible for hearing lease violations, eviction cases, and unresolved complaints.

Frequently Asked Questions about Landlords Breaking a Lease in NJ

1. What should I do first if my landlord violates my lease in New Jersey?
   Start by reviewing your lease terms and sending a written notice to your landlord describing the violation. Keep copies of everything for your records.
2. Can I withhold rent if my landlord does not make repairs?
   New Jersey law may allow you to withhold rent in certain serious situations, but you must follow state guidelines and should consult the Truth in Renting Guide or seek legal advice first.
3. How do I file a complaint about my landlord in NJ?
   Complete the Tenant Complaint Form and submit it to the New Jersey Department of Community Affairs, or file with the local housing inspection office if the issue endangers your safety.
4. What happens if my landlord illegally locks me out?
   Immediate lockouts without a court order are illegal in NJ. Contact local law enforcement or the Landlord-Tenant Section of Superior Court right away.

Key Takeaways for New Jersey Renters

• Always document communications and lease violations as they happen
• Use official forms to notify your landlord and file complaints
• The NJ Superior Court Landlord-Tenant Section is where most disputes are resolved

Timely action and good record-keeping are vital to protecting your renter rights in New Jersey.

Need Help? Resources for Renters

• NJ Department of Community Affairs, Housing Inspection Office: Report unsafe or substandard living conditions.
• Superior Court of New Jersey, Landlord-Tenant Section: For lease violation, eviction, and dispute resolution.
• Official NJ Tenant Resources: Forms, guides, and rights information.
• Legal Services of New Jersey: Free or low-cost legal help for qualifying renters.

---

1. New Jersey Statutes, Title 46—Property, Full Statute Text
2. Truth in Renting Act (NJ Dept. of Community Affairs)
3. Superior Court of New Jersey, Landlord-Tenant Section

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