home Lease Agreement warning 5 Red Flags

New Jersey Lease Agreement Red Flags

5 red flags in New Jersey residential leases — covering security deposit laws, anti-eviction protections, and illegal clauses.

info New Jersey's Anti-Eviction Act (NJSA 2A:18-61.1) provides some of the strongest tenant protections in the country. Landlords need 'good cause' to refuse lease renewal.

Red Flags to Watch For

Security Deposit Exceeding 1.5 Months' Rent

error High Risk

New Jersey caps security deposits at 1.5 times the monthly rent for initial deposits. Any amount above this is illegal.

search What to look for

Security deposit greater than 1.5× monthly rent

shield How to protect yourself

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.

No Annual Interest on Security Deposit

warning Medium Risk

Landlord with 10+ units fails to include the legally required annual interest payment on the security deposit.

search What to look for

No mention of annual interest accrual on the security deposit for buildings with 10+ units

shield How to protect yourself

NJ landlords with 10+ units must pay annual interest on deposits. This interest can be applied to rent or paid directly to the tenant.

Waiver of Anti-Eviction Rights

error High Risk

Any clause that purports to waive the tenant's rights under New Jersey's Anti-Eviction Act — one of the strongest in the country.

search What to look for

'Tenant waives any rights under the New Jersey Anti-Eviction Act' or similar waiver language

shield How to protect yourself

The Anti-Eviction Act cannot be waived by contract. Any such clause is void. Landlords must demonstrate 'good cause' to evict or refuse renewal.

No Window Guard Notice for Children

warning Medium Risk

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.

search What to look for

No window guard clause when you have or expect children under 10 in the household

shield How to protect yourself

NJ law requires landlords to offer window guards and notify tenants of this right. Request them in writing before move-in.

Automatic Renewal With Excessive Notice Period

info Low Risk

Lease auto-renews for a full year unless 90 days written notice is given — a longer-than-typical window that many tenants miss.

search What to look for

Notice periods of 60 or 90 days for non-renewal

shield How to protect yourself

Calendar this immediately. Missing the window can lock you into another annual term with updated (higher) rent.

verified_user

Scan this contract with Smart Summaries

Take a photo of any agreement and get an instant plain-language breakdown. No legal knowledge required.

download_for_offline Download for iOS — Free

Related Guides