N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-1

Attornments by tenant to strangers to title; effect

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyLease Requirements

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-1
Every attornment by a tenant of real estate to a stranger to the title to the leased real estate shall be absolutely null and void, to all intents and purposes whatsoever, and the possession of the landlord or lessor shall not, by any such attornment, be in any way changed, altered or affected. This section shall have no application to an attornment made pursuant to or in consequence of a judgment at law or a decree or order of a court of equity, or to an attornment made with the privity and consent of the landlord or lessor, or to an attornment to a mortgagee after the mortgage has become forfeited.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8-1 et seq., a tenant's formal acknowledgment of a new landlord — known as an "attornment" — is void and without legal effect if made to someone who has no legitimate claim to the property title, meaning the original landlord's ownership and possessory rights remain unchanged. However, this rule does not apply in three specific situations: when a court order or judgment directs the attornment, when the original landlord or lessor has given prior knowledge and consent, or when the attornment is made to a mortgagee after the mortgage has been forfeited. In short, a tenant cannot unilaterally shift their tenancy to a third party outside of these recognized exceptions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Under N.J.S.A. 46:8-1 et seq., property owners and managers can take comfort that a tenant's unauthorized acknowledgment of a stranger to the title carries no legal weight and does not disturb the landlord's possessory rights. Compliant operators generally document any legitimate transfer of title or mortgage-related changes carefully, and obtain or provide proper consent before any change in the party to whom rent is owed. Keeping clear records of title status and any court proceedings affecting the property helps ensure that the exceptions carved out by this provision are properly recognized and applied.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 46:8-1 et seq. establishes that tenants are generally protected from being bound by an attornment they may have made to someone who turns out to have no valid claim to the property — such an act is void by law. If a tenant has been pressured or misled into acknowledging a new "landlord" who lacks proper title, this provision may be relevant to their situation, and tenant-rights organizations or legal aid services can help explain how it applies. Tenants who receive demands from unfamiliar parties claiming ownership may wish to verify title through public records and consult a tenant-rights organization for general guidance on their options under this statute.

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 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
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§ 165.12
SEVERABILITY