N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-48
Offer of or entry into lease in violation of rights of tenants; termination of lease; exception
Operative Text
No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes a lease provision which violates clearly established legal rights of tenants or responsibilities of landlords as established by the law of this State at the time the lease is signed. A tenant shall have the right to petition a court of competent jurisdiction to terminate a lease containing any such provision. Nothing contained herein shall limit any rights or remedies a tenant may have under a lease. No landlord shall be liable to any penalty under section 5 of this act nor any lease termination by a tenant under section 6 of this act, for any lease provision in violation of section 6 of this act where the proposal to include such lease provision originated from the tenant and not such landlord. L.1975, c. 310, s. 6.
Under N.J.S.A. 46:8-1 et seq. § 46:8-48, New Jersey law prohibits landlords from offering or entering into written leases that contain provisions violating tenants' clearly established legal rights or landlords' established legal responsibilities under state law. If such a provision appears in a lease, the tenant holds the right to seek termination of that lease through a court of competent jurisdiction. Importantly, this provision does not strip away any other rights or remedies a tenant may already have under the lease itself.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 46:8-1 et seq. § 46:8-48 generally review all lease terms against current New Jersey law before presenting or signing any written lease agreement. Compliant operators take care to ensure that no clause conflicts with tenants' clearly established legal rights or the landlord's established legal responsibilities at the time of signing. Notably, the provision includes a narrow exception: a landlord is not subject to penalties or lease termination under this section for a problematic clause that the tenant themselves proposed.
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. § 46:8-48 gives tenants the right to petition a court of competent jurisdiction to terminate a lease that contains provisions violating their clearly established legal rights under New Jersey law. This provision also preserves any other rights or remedies a tenant may have under the lease, meaning the protections here are additive rather than limiting. Tenants who believe their lease contains an unlawful clause may wish to consult a tenant-rights organization or legal aid service to understand the range of options available to them.
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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