N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-24
Waiver by depositor prohibited
Operative Text
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.
Under N.J.S.A. 46:8-1 et seq. § 46:8-24, any clause in a rental contract, lease, or agreement that purports to have a tenant give up rights granted by New Jersey's security deposit law is automatically void and unenforceable. The law treats such waivers as having no legal effect, regardless of whether the tenant signed or agreed to them. This provision ensures that the protections established elsewhere in the act cannot be contracted away.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 46:8-1 et seq. § 46:8-24 should be aware that lease clauses attempting to have tenants waive their statutory security deposit rights carry no legal weight. Compliant operators generally review their lease templates to ensure no language purports to limit or eliminate tenant protections established by New Jersey's security deposit statutes. Including such clauses, even inadvertently, does not create an enforceable waiver and may expose a landlord to legal challenges.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8-1 et seq. § 46:8-24 means that even if a lease you signed contains language waiving your rights under New Jersey's security deposit law, that language is void and cannot be used against you. Tenants who believe a landlord is relying on such a waiver clause to deny them statutory protections may consider raising the provision as a defense in any related legal proceeding. Tenant-rights organizations and legal aid offices can help explain what options are generally available 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.
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