N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-26
Application of act
Operative Text
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 the provisions of this act. L.1967, c. 265, s. 8, eff. Jan. 1, 1968. Amended by L.1968, c. 46, s. 1, eff. May 22, 1968; L.1971, c. 223, s. 7, eff. June 21, 1971; L.1979, c. 28, s. 3, eff. Feb. 22, 1979.
Section 46:8-26 of N.J.S.A. 46:8-1 et seq. establishes which rental properties fall under New Jersey's landlord-tenant act. The law covers virtually all residential rental premises and units, with one narrow exception: owner-occupied buildings with no more than two rental units are excluded unless the tenant has provided the landlord with at least 30 days of written notice invoking the act's protections. Once that written notice is given, even those small owner-occupied properties become subject to the act's full requirements.
Plain English — not legal advice.
Owners of small, owner-occupied buildings with no more than two rental units should be aware that under N.J.S.A. 46:8-1 et seq. § 46:8-26, their property may initially fall outside the act's scope — but that status can change. If a tenant delivers written notice invoking the act's provisions at least 30 days in advance, the property becomes subject to all of its requirements. Operators of these smaller properties generally maintain clear records of any written communications from tenants to track whether and when such a notice has been received.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.S.A. 46:8-1 et seq. § 46:8-26, tenants renting in most residential properties are automatically covered by New Jersey's landlord-tenant act. Tenants living in a small owner-occupied building with no more than two rental units have a path to bring their tenancy under the act's protections by providing their landlord with at least 30 days of written notice invoking its provisions. Tenants who want to understand whether their specific living situation qualifies for this protection, or how to properly deliver such notice, may benefit from consulting a tenant-rights organization or legal aid service familiar with New Jersey housing law.
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
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.