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What a New Jersey lease must include: a landlord checklist
The basics every NJ lease needs, the disclosures that go with it, and which ones apply to a one- or two-unit building.
Updated October 25, 2026. Every rule below links to its official source; see all of them on our Legal sources page.
The basics
The NJ Department of Community Affairs' Truth in Renting guide lists these requirements for a residential lease:
- Both sides must be at least 18 and mentally competent.
- The landlord's and tenant's names must be in the lease.
- A lease can be written or oral. If it's written, it must be in plain language the average person can understand.
- Any fees you plan to charge, such as late fees and attorney fees, should be clearly stated.
The DCA also recommends covering: conditions of occupancy, a description of the unit, renewal terms, late rent penalties, who pays for what (rent, pets, utilities), subletting and assignment, keys, and renter's insurance.
A lease can't take away tenants' established rights. Under the Truth in Renting Act (N.J.S.A. 46:8-48), a tenant can go to court to end a lease that does.
Disclosures and notices
| Item | When it applies | Source |
|---|---|---|
| Lead-based paint disclosure + EPA pamphlet | Buildings built before 1978, before the tenant signs | 40 CFR 745 Subpart F; EPA pamphlet |
| Truth in Renting statement | Not required for buildings with 2 or fewer units, or owner-occupied buildings with 3 or fewer (N.J.S.A. 46:8-44) | NJ DCA guide |
| Flood Risk Notice | Before signing or renewing; a separate rider in at least 12-point type, acknowledged by the tenant. The law's definition of "landlord" leaves out buildings with 2 or fewer units and owner-occupied buildings with 3 or fewer. | P.L. 2023, c. 93; DCA form |
| Window guard notice | Multiple dwellings (3+ units), in bold type in the lease | N.J.A.C. 5:10-27.1 |
| Lead-safe certification | Rentals built before 1978: inspection at tenant turnover or every 3 years (certificates last 2 years), with some exemptions | NJ DCA |
| Lead in drinking water disclosure | A newer law; DCA publishes a model statement | P.L. 2025, c. 144 (DCA model form) |
The DCA guide also lists bed bugs, dishonored payment fees and the domestic violence lease-termination policy among the topics landlords should give tenants information about.
Money rules to get right
- Security deposit: no more than 1.5 months' rent, held in a New Jersey interest-bearing account, with a written bank notice within 30 days. See our NJ security deposit guide.
- Late fees: state them in the lease, and allow the five business day grace period to seniors and certain benefit recipients. For late fees or attorney's fees to count as "additional rent" in court, the lease must say so expressly. See our NJ late fee guide.
- Rent increases: only at a new term, with a Notice to Quit and notice of the increase. See our NJ rent increase guide.
Small landlord? What applies to a one- or two-family rental
If you rent out a unit in a building with two or fewer units, the Truth in Renting statement and the flood notice rules may not be legally required for you, and the window guard rule doesn't apply. The lead rules, deposit rules and grace period still do. Giving the extra notices costs you nothing and avoids an argument later, so our lease includes them anyway.
How our lease handles it
The LandlordSquare New Jersey lease asks one question at a time, keeps the deposit within the limit, and attaches the riders your building needs as separate pages: lead paint for pre-1978 buildings, the flood notice, window guards for 3+ units, and more. Renewing? Start from your last lease and change only the dates and rent.
Want a lease that already does all this?
Answer one question at a time. We keep the numbers within your state's limits and attach the required disclosure pages. New leases and renewals.
Frequently asked questions
What must a New Jersey lease include?
Per the NJ DCA Truth in Renting guide: parties at least 18, both names, plain language if written, and any fees clearly stated. The DCA recommends covering occupancy, the unit, renewal, late penalties, pets, utilities, subletting, keys and renter's insurance.
Does a NJ landlord with a two-family house have to give the Truth in Renting statement?
No. The Truth in Renting Act doesn't apply to buildings with two or fewer units or owner-occupied buildings with three or fewer (N.J.S.A. 46:8-44). Giving it anyway is harmless.
Is a flood disclosure required in NJ leases?
Since P.L. 2023, c. 93, landlords covered by the law must give a flood risk notice before a lease is signed or renewed, as a separate 12-point rider. The law's definition of landlord leaves out buildings with two or fewer units and owner-occupied buildings with three or fewer.
Do NJ leases need a lead paint disclosure?
Yes, for housing built before 1978: the federal disclosure and the EPA pamphlet before the tenant signs. Pre-1978 NJ rentals also need lead-safe inspections at turnover or every three years, per NJ DCA.