N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.12
Inapplicability of act to seasonal use, rental
Operative Text
10. The provisions of P.L.2008, c.111 (C.46:8-9.4 et al.) shall not apply to any lease for the seasonal use or rental of real property. For purposes of this paragraph "seasonal use or rental" means use or rental for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere, but shall not include use or rental of living quarters for seasonal, temporary or migrant farm workers in connection with any work or place where work is being performed. The landlord shall have the burden of proving that the use or rental of the residential property is seasonal. L.2008, c.111, s.10.
Under N.J.S.A. 46:8-1 et seq. § 46:8-9.12, the tenant-protection provisions of P.L.2008, c.111 do not extend to leases classified as seasonal use or rental. A seasonal arrangement is defined as a rental of no more than 125 consecutive days for residential purposes by someone whose permanent home is elsewhere, but this exemption explicitly excludes housing provided to seasonal, temporary, or migrant farm workers. Importantly, the burden of establishing that a rental qualifies as seasonal falls on the landlord, not the tenant.
Plain English — not legal advice.
Property owners who believe their rental arrangement falls outside the protections of P.L.2008, c.111 because it is seasonal should be aware that N.J.S.A. 46:8-1 et seq. § 46:8-9.12 places the burden of proof squarely on the landlord to demonstrate the seasonal nature of the tenancy. Compliant operators typically maintain documentation showing the lease term does not exceed 125 consecutive days and that the occupant has a permanent residence elsewhere. Landlords should also note that housing provided to seasonal, temporary, or migrant farm workers does not qualify for this exemption, regardless of lease length.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants who believe they are being improperly classified as seasonal renters should know that under N.J.S.A. 46:8-1 et seq. § 46:8-9.12, it is the landlord's responsibility to prove the rental qualifies as seasonal—not the tenant's burden to disprove it. A rental only qualifies as seasonal if it is for 125 consecutive days or fewer and the occupant has a permanent home elsewhere; farm workers housed in connection with agricultural work are explicitly excluded from this exemption. Tenants who believe this classification is being misapplied may consider raising it as a defense in any relevant proceeding or reaching out to a local tenant-rights organization for general information about their options.
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.