Title 46, Title 46: PROPERTY

46:8-19. Security deposits; investment, deposit, disposition 1. Whenever money or other form of security shall be deposited or advanced on a contract, lease or license agreement for the use or rental of real property as security for performance of the contract, lease or agreement…

46:8-19.1. Rules, regulations The Commissioner of Banking may, in his discretion, promulgate rules and regulations with respect to the establishment of the method of computing the interest due to either the person receiving the money as a security deposit or to the tenant pursuan…

46:8-2. Grantees or assignees of leased real estate or reversions thereof; rights same as those of original lessors From and after November tenth, one thousand seven hundred and ninety-seven, all persons and bodies politic and corporate, being grantees or assignees of any real es…

46:8-20. Procedure on conveyance of property 2. Any person, whether the owner or lessee of the property leased, who or which has or hereafter shall have received from a tenant or licensee a sum of money as a deposit or advance of rental as security for the full performance by suc…

46:8-21. Liability on transfer 3. Any owner or lessee turning over to his or its grantee, assignee, or to a purchaser of the leased premises at a foreclosure sale the amount of such security deposit, plus the tenant's portion of the interest or earnings accumulated thereon, is he…

46:8-21.1 Return of deposit; displaced tenant; termination of lease; civil penalties, certain. 3. Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so dep…

46:8-21.2. Limitation on amount of deposit 4. An owner or lessee may not require more than a sum equal to 1 1/2 times 1 month's rental according to the terms of contract, lease, or agreement as a security for the use or rental of real property used for dwelling purposes. Whenever…

46:8-21.3. Security deposits prior to effective date of act; date of compliance Security deposits made prior to the effective date of this act shall comply with the provisions of this act within 90 days of the effective date thereof. L.1971, c. 223, s. 6, eff. June 21, 1971.

46:8-21.4 Small claims jurisdiction of actions on security deposits less than $5,000 6. Notwithstanding any law or rule to the contrary, the Division of Small Claims of the Superior Court, Law Division, Special Civil Part shall have jurisdiction of actions between an owner or les…

46:8-21.5 Deposit recovery, certain; court action not required for tenant receiving financial assistance. 1. A tenant who has received financial assistance through any State or federal program, including welfare or rental assistance, shall not be required to file an action in cou…

46:8-22. Enforcement of trust by civil action Any trust arising under the provisions of this act shall be enforceable by a civil action in a court of competent jurisdiction and that court shall have jurisdiction to make any appropriate order or judgment both pendente lite and fin…

46:8-23. Statutory trust upon insolvency or bankruptcy of person receiving security deposit In the event of the insolvency or bankruptcy of the person receiving the said moneys, the claim of the person who paid the said moneys shall constitute a statutory trust with respect to an…

46:8-24. Waiver by depositor prohibited Any provision of such a contract, lease or agreement whereby a person who so deposits or advances money waives any provision of this act is absolutely void. L.1967, c. 265, s. 6, eff. Jan. 1, 1968.

46:8-25. Unlawful diversion of trust funds; penalty Any person party to said contract, lease or agreement, or any agent of said person, or any officer of a corporation receiving said moneys, who, with knowledge that such moneys constitute trust funds, unlawfully diverts or consen…

46:8-26. Application of act The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking …

46:8-27 Landlord, project defined. 1. The term "landlord," as used in this act, shall mean the person or persons who own or purport to own, or exercise control of any building or project in which there is rented or offered for rent housing space for living or dwelling purposes un…

46:8-28 Certificate of registration; filing, contents. 2. Every landlord shall, within 30 days following the effective date of this act, or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the clerk of the municipality…

46:8-28.1 Certificate; indexing, filing; inspection; fee; validation. 3. In the case of a filing under section 2 of P.L.1974, c.50 (C.46:8-28) with the municipal clerk, or with such other municipal official as is designated by the clerk, the clerk or designated official shall ind…

46:8-28.2. Certificate of registration; amendment; filing Every landlord required to file a certificate of registration as described in section 2 of P.L.1974, c. 50 (C. 46:8-28) shall file an amended certificate of registration within 20 days after any change in the information r…

46:8-28.3. Registration under act if in compliance with L.1974, c. 50, or Hotel and Multiple Dwelling Law Nothing herein shall require a landlord who has heretofore complied with all provisions of P.L.1974, c. 50 (C. 46:8-27 et seq.) or the "Hotel and Multiple Dwelling Law" (P.L.…

46:8-28.4. Inapplicability of act to current proceedings, liabilities or penalties This amendatory and supplementary act shall not affect any current proceedings, liabilities or penalties involving violations of the sections amended or repealed by this amendatory and supplementar…

46:8-28.5 Certificate of registration, fee; exceptions. 2. a. Except as otherwise provided in subsection b. of this section, every owner of a tenant-occupied single-family or two-family residential property, including, without limitation, a two-family property in which one unit i…

46:8-29 Provision of copy of certificate of registration to tenant. 3. Within 30 days following the effective date hereof, and at the time of the creation of a new tenancy, every landlord shall provide each occupant or tenant in his building or project a copy of the certificate o…

46:8-29.1 Tenants advised of list. 2. Within 30 days following notification by the municipal clerk pursuant to section 1 of P.L.2017, c.266 (C.40:48-2.67), and thereafter, at the time of creation of a tenancy, a landlord shall advise each tenant that the clerk of the municipality…

46:8-3. Lessees of real estate; rights against grantees of reversion From and after November tenth, one thousand seven hundred and ninety-seven, all lessees of real estate for a term of years, life or lives, their executors, administrators or assigns, shall have the like action a…

46:8-30. Date of preparation; stipulation All information required under section 2. and 3. of this act shall stipulate the date of preparation. L.1974, c. 50, s. 4, eff. June 25, 1974.

46:8-31. Service by mail upon record owner 5. In any action in the Superior Court, Law Division, Special Civil Part or municipal court by an occupant or tenant or to recover penalties against a landlord who has not complied with this act and who cannot be served within the county…

46:8-32. Service of process on Superior Court clerk 6. Service of process on the clerk of the Superior Court, Law Division, Special Civil Part or municipal court having jurisdiction over the municipality in which the property is located shall be deemed service on the landlord upo…

46:8-33. Action for possession by landlord; compliance with act In any action for possession instituted by a landlord who has failed to comply with the provisions of this act, no judgment for possession shall be entered until there has been compliance. The court shall continue su…

46:8-34. Jurisdiction of Superior Court; amounts under $3,000 8. The Superior Court, Law Division, Special Civil Part shall have jurisdiction over any action between a landlord and tenant where the amount in controversy is $3,000.00 or less. L.1974,c.50,s.8; amended 1991,c.91,s.4…

46:8-35. Penalty for violation; recovery to municipalities 9. Any landlord who shall violate any provision of this act shall be liable to a penalty of not more than $500.00 for each offense, recoverable by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et…

46:8-36. Waiver of rights by agreement; unenforceability Any written or oral provision in any agreement whereby any tenant waives any rights under this act shall be deemed against public policy and unenforceable. L.1974, c. 50, s. 10, eff. June 25, 1974.

46:8-37. Severability If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection,…

46:8-38. Definitions The following terms whenever used or referred to in this act shall have the following respective meanings for the purposes of this act, except in those instances where the context clearly indicates otherwise: a. The term "unit of dwelling space" shall mean an…

46:8-39. Information on crime insurance; advice to tenants Within 6 months of the effective date of this act, every owner of a multiple dwelling shall make available to all his tenants information regarding crime insurance through the Federal Crime Insurance Program of Title VI o…

46:8-4. Original lease surrendered and new lease made; rights and duties under new lease Whenever a lease shall be duly surrendered in order to secure a renewal thereof, a new lease made and executed by the chief landlord, shall, without the surrender of all or any of the under l…

46:8-40. Owners of multiple dwellings; duties to make tenant insurable No owner of a multiple dwelling shall do or refuse to do any act or permit any tenant to do any act which would prevent or make any tenant ineligible for crime insurance through the Federal Crime Insurance Pro…

46:8-41. Penalties 4. Any owner who fails to provide to any tenant the information required under section 2 of this act or violates any other provision of this act shall be liable to a penalty of not more than $200.00 for each offense, recoverable by the State in a civil action b…

46:8-42. Severability If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection,…

46:8-43. Short title This act shall be known and may be cited as "The Truth-in-Renting Act." L.1975, c. 310, s. 1.

46:8-44 Definitions. 2. As used in this act: a. "Landlord" means any person who rents or leases or offers to rent or lease, for a term of at least one month, dwelling units, except dwelling units in rental premises containing not more than two such units, or in owner-occupied pre…

46:8-45 Statement of legal rights and responsibilities of tenants and landlords of rental dwelling units. 3. a. The department shall, as soon as practicable and annually thereafter, after public hearing, prepare and make available at no cost to the public, to the extent that fund…

46:8-46. Statement; distribution and posting by landlords Every landlord shall distribute one copy of the statement prepared and made available pursuant to the provisions of this act to each of their tenants within 30 days after it has been made available by the department and sh…

46:8-47. Violations of act; penalty 5. Any landlord who violates any provision of this act, contrary to the legal rights of tenants, shall be liable to a penalty of not more than $100.00 for each offense. Such penalty shall be collected and enforced by summary proceedings pursuan…

46:8-48. Offer of or entry into lease in violation of rights of tenants; termination of lease; exception No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes a lease provision which violate…

46:8-49. Waiver of right to receive or refusal to accept statement; effect No waiver or refusal by a tenant of his right to receive a copy of the statement as provided herein shall alter the responsibilities of the landlord under any provision of this act. L.1975, c. 310, s. 7.