5 red flags in New Jersey residential leases — covering security deposit laws, anti-eviction protections, and illegal clauses.
New Jersey caps security deposits at 1.5 times the monthly rent for initial deposits. Any amount above this is illegal.
Security deposit greater than 1.5× monthly rent
NJSA 46:8-21.2 caps deposits at 1.5× monthly rent. If charged more, you can deduct the excess from a rent payment with written notice.
Landlord with 10+ units fails to include the legally required annual interest payment on the security deposit.
No mention of annual interest accrual on the security deposit for buildings with 10+ units
NJ landlords with 10+ units must pay annual interest on deposits. This interest can be applied to rent or paid directly to the tenant.
Any clause that purports to waive the tenant's rights under New Jersey's Anti-Eviction Act — one of the strongest in the country.
'Tenant waives any rights under the New Jersey Anti-Eviction Act' or similar waiver language
The Anti-Eviction Act cannot be waived by contract. Any such clause is void. Landlords must demonstrate 'good cause' to evict or refuse renewal.
Lease fails to include the required disclosure and offer of window guards if children under 10 live or are expected to live in the unit.
No window guard clause when you have or expect children under 10 in the household
NJ law requires landlords to offer window guards and notify tenants of this right. Request them in writing before move-in.
Lease auto-renews for a full year unless 90 days written notice is given — a longer-than-typical window that many tenants miss.
Notice periods of 60 or 90 days for non-renewal
Calendar this immediately. Missing the window can lock you into another annual term with updated (higher) rent.
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