NJ · Renter law

Which lease clauses are illegal in New Jersey?

New Jersey’s Truth in Renting Act bars leases that include terms violating tenants’ established rights, and a tenant can ask a court to end a lease that has one. Here’s what those terms look like.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In New Jersey, a lease can’t require a deposit over 1½ months’ rent, let the landlord end or refuse to renew a covered tenancy without good cause, make legal fees run only in the landlord’s favor, require rent by autopay only, or let the landlord retake the unit without a court order. Under the Truth in Renting Act, a tenant can ask a court to end a lease containing a term that violates established tenant rights (N.J. Stat. Ann. §§ 46:8-21.2, 2A:18-61.4, 2A:18-61.66, 46:8-49.1, 46:8-48).

Below are 10 lease clauses that New Jersey law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

10 lease clauses that break New Jersey law

1. A deposit over 1½ months’ rent

Lease language to watch for
“Tenant shall pay a security deposit equal to two (2) months’ rent.”
What the law saysN.J. Stat. Ann. § 46:8-21.2
A landlord may not require a security deposit of more than one and a half times the monthly rent. Additional security collected later, for example after a rent increase, can’t exceed 10% of the current deposit in any year.
Read the official text

2. A “non-refundable” deposit, or deductions mid-lease

Lease language to watch for
“Landlord may apply the security deposit to any charges owed during the term.”
What the law saysN.J. Stat. Ann. § 46:8-21.1
Within 30 days after the lease ends, the landlord must return the deposit with interest, minus properly deducted charges, with an itemized statement by personal delivery or registered or certified mail. No deductions may be made while you still live there. If you have to sue for it, the court must award double the amount owed.
Read the official text

3. Ending the tenancy “for any reason or no reason”

Lease language to watch for
“Landlord may decline to renew this Lease for any reason or no reason.”
What the law saysN.J. Stat. Ann. § 2A:18-61.4
For tenants covered by the Anti-Eviction Act, a lease term allowing termination or non-renewal without good cause, or waiving the required notices before eviction, is unenforceable.
Read the official text
Lease language to watch for
“Tenant shall pay all attorney’s fees incurred by Landlord, which shall be deemed additional rent.”
What the law saysN.J. Stat. Ann. § 2A:18-61.66N.J. Stat. Ann. § 2A:18-61.67
If the lease lets the landlord recover attorney’s fees, the law reads in an equal right for you when you win, and any waiver is void. The fee clause must also state that reciprocal right in bold type.
Read N.J. Stat. Ann. § 2A:18-61.66Read N.J. Stat. Ann. § 2A:18-61.67

5. Terms that strip tenants’ established rights

Lease language to watch for
“Tenant waives the warranty of habitability and accepts the Premises as-is.”
What the law saysN.J. Stat. Ann. § 46:8-48
Under the Truth in Renting Act, a landlord may not offer a lease with a term violating tenants’ clearly established rights, such as good-cause eviction, deposit rights or the warranty of habitability. A tenant can ask a court to end a lease that contains one, and the landlord faces a civil penalty.
Read the official text

6. Paying full rent no matter the conditions

Lease language to watch for
“Tenant shall pay rent without offset regardless of any code violations.”
What the law saysN.J. Stat. Ann. § 2A:42-96
A lease term waiving your right to ask a court to let you deposit rent until code violations are fixed is void.
Read the official text

7. Rent only by autopay or online portal

Lease language to watch for
“All rent shall be paid by automatic ACH withdrawal.”
What the law saysN.J. Stat. Ann. § 46:8-49.1
A landlord may not require rent to be paid by electronic transfer. Offering it as an option is fine.
Read the official text

8. No receipts for cash rent

Lease language to watch for
“Landlord does not issue receipts for cash payments.”
What the law saysN.J. Stat. Ann. § 46:8-49.2
A landlord must give a printed or emailed receipt for every cash payment. Failing to do so is a defense in an eviction for nonpayment for the months involved.
Read the official text

9. Lockouts or retaking the unit without court

Lease language to watch for
“If Tenant defaults, Landlord may re-enter and take possession without legal process.”
What the law saysN.J. Stat. Ann. § 2A:39-1
A landlord may not retake a home without the occupant’s consent except through the court eviction process. Doing so is a disorderly persons offense.
Read the official text

10. Instant termination for taking in a subtenant

Lease language to watch for
“Any sublease shall immediately terminate this Lease without notice.”
What the law saysN.J. Stat. Ann. § 2A:18-61.1
A reasonable no-sublet clause is enforceable, but for covered tenants the landlord must first give written notice to stop, and then one month’s notice before filing for possession.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in New Jersey:

  • A late fee, for most tenants. New Jersey sets no general late-fee cap or grace period. The exception: seniors on Social Security or government pensions and recipients of SSDI, SSI or Work First New Jersey get a five-business-day grace period. (N.J. Stat. Ann. § 2A:42-6.1)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with New Jersey law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a New Jersey lease

Questions renters ask

What’s the maximum security deposit in New Jersey?

One and a half times the monthly rent. Any additional security collected later, such as after a rent increase, can’t be more than 10% of the current deposit in a year.

Can a New Jersey landlord refuse to renew my lease for no reason?

Not if you’re covered by the Anti-Eviction Act. A lease term allowing termination or non-renewal without good cause is unenforceable for covered tenants.

Is my lease void if it has an illegal clause?

Not automatically. But under the Truth in Renting Act you can petition a court to terminate a lease that includes a provision violating tenants’ clearly established rights, and the landlord faces a civil penalty.

Sources & statutes

More for New Jersey renters

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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.