N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-7
Buildings on leased premises totally destroyed by fire or otherwise; lease terminated
Operative Text
Whenever any building or buildings erected on leased premises shall be totally destroyed by fire or otherwise, without the fault of the lessee, the rent shall be paid up to the time of such destruction, and then, and from thenceforth, the lease shall cease and come to an end. This section shall not extend or apply to cases wherein the parties have otherwise stipulated in their agreement of lease.
Under N.J.S.A. 46:8-1 et seq. § 46:8-7, when a building on leased property is completely destroyed by fire or another cause that is not the tenant's fault, the lease automatically terminates as of the date of destruction. Rent is owed only through that date, and no further obligations under the lease continue. This default rule does not apply if the parties have included a different arrangement in their lease agreement.
Plain English — not legal advice.
N.J.S.A. 46:8-1 et seq. § 46:8-7 establishes that a total destruction of a leased building—absent tenant fault—ends the lease by operation of law, with rent collectible only through the date of loss. Compliant operators typically review their lease agreements to determine whether a contrary stipulation has been included, and they reconcile any rent accounts through the destruction date accordingly. Property owners and managers generally consult their insurance carriers and legal counsel when drafting lease provisions that address casualty events differently than this statutory default.
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. § 46:8-7 provides tenants with a statutory right to have their lease terminated—and rent obligations ended—when a building is totally destroyed through no fault of their own. Tenants who believe this provision applies to their situation may raise it as a defense against any claim for rent accruing after the date of destruction. Tenant-rights organizations and legal aid services can help explain how this statute interacts with any lease language that may attempt to modify these default protections.
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.