Last reviewed September 2026
Written by LawLease Editorial
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New Jersey Roommate Agreement
This Roommate Agreement is built with New Jersey as the governing state. These are the New Jersey landlord-tenant rules that most often bear on it, with the statute for each.
New Jersey rules at a glance
| Security deposit limit | 1.5 months’ rent; later increases capped at 10% of the current deposit per yearN.J.S.A. 46:8-21.2 |
|---|---|
| Deposit return | 30 days, with interest and an itemized list, by personal delivery or registered/certified mailN.J.S.A. 46:8-21.1 |
| Security deposit notice | Bank name and address, account type, interest rate and amount, within 30 days of receipt (§46:8-19(c)). |
| Deposit rights | Any clause waiving the Security Deposit Law is absolutely void (N.J.S.A. 46:8-24). |
| Ending a tenancy | Statutory good cause required — no at-will non-renewal (owner-occupied premises with ≤2 rental units excepted)N.J.S.A. 2A:18-61.1 |
Security deposits in New Jersey
A New Jersey landlord may not require more than one and one-half times one month’s rent as security, and any additional security collected later can’t exceed 10% of the current deposit per year (N.J.S.A. 46:8-21.2). The money stays the tenant’s property, held in trust, and can’t be mixed with the landlord’s own funds (§46:8-19).
- Interest-bearing account — The deposit must be placed in an interest-bearing account at a bank, savings bank or savings and loan association (landlords with 10 or more rental units may instead use an insured money-market fund). The interest belongs to the tenant and is paid in cash or credited toward rent each year (§46:8-19).
- 30-day bank notice — Within 30 days of receiving the deposit — and again on any transfer to a new account, at each annual interest payment, and after a sale of the building — the landlord must tell the tenant in writing the institution’s name and address, the account type, the current interest rate and the amount deposited (§46:8-19(c)).
- Penalty for skipping it — If the landlord fails to invest the deposit or give the notice, the tenant may give written notice and apply the deposit plus 7% annual interest toward rent, and the landlord can’t demand a new deposit (§46:8-19(c)).
- Return — Within 30 days after the lease ends, the landlord must return the deposit plus accrued interest, less lawful deductions, with an itemized statement — by personal delivery, registered or certified mail. No deductions may be taken while the tenant is still in possession (§46:8-21.1).
- Faster returns — Within 5 business days if the tenant is displaced by fire, flood, condemnation or evacuation, and within 15 business days after a lease ends early under the domestic-violence termination law (§46:8-21.1).
- Double damages — A court that finds for the tenant in a deposit case must award double the amount due, plus full costs and, in its discretion, reasonable attorney’s fees (§46:8-21.1). A lease clause waiving any part of the Security Deposit Law is void (§46:8-24).
- Small owner-occupied buildings — The Security Deposit Law doesn’t apply to owner-occupied premises with no more than two rental units unless the tenant gives the landlord 30 days’ written notice invoking it (§46:8-26).
Required disclosures in New Jersey
Leases must also be written in plain, understandable language under New Jersey’s Plain Language Act (N.J.S.A. 56:12-2).
- Lead-based paint — The federal lead warning and known-hazard disclosure apply to housing built before 1978 (42 U.S.C. §4852d). Separately, New Jersey’s 2021 lead-safe law (P.L.2021, c.182) requires most pre-1978 rentals to pass a lead-paint inspection at tenant turnover, with limited exemptions.
- Truth in Renting statement — In buildings with more than two units (more than three if owner-occupied), the landlord must give each new tenant the current DCA Truth in Renting statement at or before lease signing (N.J.S.A. 46:8-46).
- Flood risk rider — Since March 2024, landlords covered by the same unit-count threshold must disclose FEMA flood-zone status and known flooding history on a separately signed rider using the State’s model notice (N.J.S.A. 46:8-50).
- Security deposit notice — Bank name and address, account type, interest rate and amount, within 30 days of receipt (§46:8-19(c)).
- Landlord identity — Rental buildings other than owner-occupied two-family homes must be registered, and each tenant must receive the registration statement naming the owner, managing agent and emergency contact. An unregistered landlord can’t obtain a judgment for possession (N.J.S.A. 46:8-27 to -37).
- Window guards — In multiple dwellings, the lease must tell tenants they can request window guards where a child 10 or younger lives in the unit (N.J.A.C. 5:10-27.1).
Tenant protections you can’t waive
- Good cause — A covered tenancy can end only on an enumerated Anti-Eviction Act ground; no lease clause can create a right to evict or refuse renewal without one (N.J.S.A. 2A:18-61.1).
- Deposit rights — Any clause waiving the Security Deposit Law is absolutely void (N.J.S.A. 46:8-24).
- Clearly established rights — A lease provision that violates tenants’ clearly established legal rights is unenforceable under the Truth in Renting Act (N.J.S.A. 46:8-48).
- No reprisal — A landlord can’t evict, refuse to renew or substantially change a lease because the tenant complained to a government agency, asserted legal rights, or joined a tenant organization, and such action can be presumed retaliatory (N.J.S.A. 2A:42-10.10, -10.12).
- No lockouts — Entering by force or without consent or a judgment — including removing a tenant’s possessions — is unlawful entry and detainer (N.J.S.A. 2A:39-1 et seq.).
New Jersey Roommate Agreement FAQs
How much can a landlord charge for a security deposit in New Jersey?
No more than one and one-half times one month’s rent, and any later increase in the deposit can’t exceed 10% of the current deposit per year (N.J.S.A. 46:8-21.2).
How long does a landlord have to return a security deposit in New Jersey?
30 days after the lease ends, together with the tenant’s interest and an itemized list of any deductions, sent by personal delivery or registered or certified mail. If the tenant sues and wins, the court must award double the amount wrongfully withheld plus costs (N.J.S.A. 46:8-21.1).
Does a New Jersey landlord have to pay interest on a security deposit?
Yes. The deposit must sit in an interest-bearing account, the tenant must get written notice of the bank, account type, rate and amount within 30 days, and the interest belongs to the tenant — paid in cash or credited to rent each year (N.J.S.A. 46:8-19).
More New Jersey landlord documents
- New Jersey Residential Lease Agreement
- New Jersey Eviction Notice
- New Jersey Security Deposit Return Letter
- New Jersey Rent Increase Notice
- New Jersey Notice to Vacate
- New Jersey Application Approval Letter
- New Jersey Application Denial Letter
- New Jersey Background & Credit Check Authorization
- New Jersey Rental Application
- New Jersey Co-Signer Guarantor Agreement
- New Jersey Bed Bug Addendum
- New Jersey Mold & Mildew Addendum
- New Jersey No-Smoking Addendum
- New Jersey Parking & Storage Addendum
- New Jersey HOA & Community Rules Addendum
- New Jersey Crime-Free Housing Addendum
- New Jersey Utilities & Services Addendum
- New Jersey Early Termination Addendum
- New Jersey Lease Extension Addendum
- New Jersey Lead-Based Paint Disclosure
- New Jersey Military Clause (SCRA)
- New Jersey Pet Addendum
- New Jersey Cash for Keys Agreement
- New Jersey Mutual Lease Termination Agreement
- New Jersey Lease Renewal Agreement
- New Jersey Notice of Non-Renewal
- New Jersey Late Rent Notice
- New Jersey Lease Violation Notice
- New Jersey Notice of Entry
- New Jersey Move-In / Move-Out Inspection Checklist
- New Jersey Rent Receipt
- New Jersey Rent Verification Letter
- New Jersey Tenant Welcome Letter
- New Jersey Property Management Agreement
- New Jersey Commercial Lease
- New Jersey Rent-to-Own Agreement
- New Jersey Short-Term Rental Agreement
- New Jersey Room Rental Agreement
- New Jersey Spanish Lease Agreement
- New Jersey Sublease Agreement
- New Jersey Lease Amendment
Roommate Agreement in other states
- Alabama Roommate Agreement
- Alaska Roommate Agreement
- Arizona Roommate Agreement
- Arkansas Roommate Agreement
- California Roommate Agreement
- Colorado Roommate Agreement
- Connecticut Roommate Agreement
- Delaware Roommate Agreement
- Florida Roommate Agreement
- Georgia Roommate Agreement
- Hawaii Roommate Agreement
- Idaho Roommate Agreement
- Illinois Roommate Agreement
- Indiana Roommate Agreement
- Iowa Roommate Agreement
- Kansas Roommate Agreement
- Kentucky Roommate Agreement
- Louisiana Roommate Agreement
- Maine Roommate Agreement
- Maryland Roommate Agreement
- Massachusetts Roommate Agreement
- Michigan Roommate Agreement
- Minnesota Roommate Agreement
- Mississippi Roommate Agreement
- Missouri Roommate Agreement
- Montana Roommate Agreement
- Nebraska Roommate Agreement
- Nevada Roommate Agreement
- New Hampshire Roommate Agreement
- New Mexico Roommate Agreement
- New York Roommate Agreement
- North Carolina Roommate Agreement
- North Dakota Roommate Agreement
- Ohio Roommate Agreement
- Oklahoma Roommate Agreement
- Oregon Roommate Agreement
- Pennsylvania Roommate Agreement
- Rhode Island Roommate Agreement
- South Carolina Roommate Agreement
- South Dakota Roommate Agreement
- Tennessee Roommate Agreement
- Texas Roommate Agreement
- Utah Roommate Agreement
- Vermont Roommate Agreement
- Virginia Roommate Agreement
- Washington Roommate Agreement
- West Virginia Roommate Agreement
- Wisconsin Roommate Agreement
- Wyoming Roommate Agreement
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