N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.4
Waiver of rights by provision in lease; unenforceability
Operative Text
Any provision in a lease whereby any tenant covered by section 2 of this act agrees that his tenancy may be terminated or not renewed for other than good cause as defined in section 2, or whereby the tenant waives any other rights under this act shall be deemed against public policy and unenforceable. L.1974, c. 49, s. 5, eff. June 25, 1974.
Under N.J.S.A. 2A:18-61.4, any clause in a residential lease that would allow a landlord to end or decline to renew a tenancy without the 'good cause' grounds defined in the governing statute is void as a matter of New Jersey public policy. Similarly, any lease provision that purports to strip a covered tenant of other rights granted by the act is treated as legally unenforceable, regardless of whether the tenant signed the lease containing that language. The provision effectively means that a tenant's statutory protections cannot be contracted away through private agreement.
Plain English — not legal advice.
Property owners and managers operating under New Jersey's anti-eviction framework should be aware that N.J.S.A. 2A:18-61.4 renders certain lease clauses ineffective by operation of law. Compliant operators generally avoid including termination or non-renewal provisions that fall outside the 'good cause' categories established by the statute, understanding that such clauses will not be enforced even if a tenant has signed the lease. Reviewing lease templates with a qualified attorney familiar with New Jersey landlord-tenant law is a common practice for operators seeking to ensure their agreements align with the act's requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-61.4 establishes that covered tenants in New Jersey retain their statutory rights even if a lease they signed contains language purporting to waive those rights or permit termination without good cause. If a landlord attempts to enforce such a clause, tenants may raise the provision's unenforceability as a defense in eviction proceedings, since the law treats those clauses as void against public policy. Tenants who believe a lease clause is being used to circumvent their protections under the act may wish to consult a tenant-rights organization or legal aid office familiar with New Jersey housing law for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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