N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-44
Definitions
Operative Text
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 premises of not more than three dwelling units, or in hotels, motels or other guest houses serving transient or seasonal guests. b. "Department" means the Department of Community Affairs. c. "Commissioner" means the Commissioner of Community Affairs. d. "Electronic funds transfer" means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit a consumer's account, including, but not limited to, through the use of an automated clearinghouse (ACH) system. L.1975, c.310, s.2; amended 2019, c.300, s.1.
Section 46:8-44 of N.J.S.A. 46:8-1 et seq. establishes the key terms used throughout New Jersey's landlord-tenant security deposit law. The definition of 'landlord' under this provision is deliberately limited: it covers rental operators of larger or non-owner-occupied properties but excludes small two-unit buildings, owner-occupied properties with three or fewer units, and transient or seasonal lodging such as hotels and motels. The provision also formally defines the overseeing agency as the Department of Community Affairs and clarifies what counts as an electronic funds transfer, which includes ACH and other non-paper payment methods.
Plain English — not legal advice.
Property owners and managers subject to N.J.S.A. 46:8-1 et seq. § 46:8-44 should be aware that whether they qualify as a 'landlord' under this statute depends on the size and occupancy structure of their rental property. Operators of buildings with more than two units, or non-owner-occupied properties, generally fall within the statute's scope and are subject to its requirements, while those renting in small owner-occupied settings may be excluded. Compliant operators typically confirm their coverage status under § 46:8-44 before applying the act's rules around security deposits and electronic payment methods.
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. § 46:8-44, tenants renting from larger or non-owner-occupied landlords are generally covered by New Jersey's security deposit protections, while those in small owner-occupied buildings may not be. Understanding whether your rental situation falls within the statute's definition of 'landlord' is a foundational step in knowing which rights apply. Tenants who are uncertain about their coverage status may consult a local tenant-rights organization or the New Jersey Department of Community Affairs for general guidance.
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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