N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.2

Termination of certain residential leases due to disability

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseySecurity Deposits

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.2
5. A lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for the lessee, or the lessee and the lessee's family, may be terminated prior to the expiration date thereof if:
a. the lessee or the lessee's spouse, or both, suffer a disabling illness or accident provided that the lessee, the lessee's spouse, or other legal representative provides written notice of termination of the lease to the lessor and appends thereto (1) certification of a treating physician that the lessee or the lessee's spouse is unable to continue to engage in gainful employment; (2) proof of loss of income; and (3) proof that any pension, insurance or other subsidy to which the lessee or the lessee's spouse is entitled is insufficient to supplement the income of the lessee or the lessee's spouse so that the rent on the property in question can be paid and that the income is necessary for payment of the rent; or
b. the lessee or the lessee's spouse, or both, one of whom shall be age 62 years or older, is accepted into an assisted living facility, a nursing home, or a continuing care retirement community provided that the lessee, the lessee's spouse, or other legal representative provides written notice of termination of the lease to the lessor and appends thereto (1) a certification of a treating physician that the lessee or spouse is in need of services provided by the assisted living facility, nursing home, or continuing care retirement community and (2) documentation that the lessee and spouse have been accepted into an assisted living facility, a nursing home, or a continuing care retirement community, or
c. the lessee or the lessee's spouse, or both, one of whom shall be age 62 years or older, is accepted into housing reserved for occupancy by low or moderate income households, as that term is defined pursuant to section 4 of P.L.1985, c.222 (C.52:27D-304), provided that the lessee is not currently residing in low or moderate income housing and that the lessee, the lessee's spouse, or other legal representative provides written notice of termination of the lease to the lessor and appends thereto documentation of a lease or intent to lease from the facility or housing sponsor, or
d. the dwelling place is not handicapped accessible by a lessee or a member of the lessee's household who suffers a disabling illness or accident, provided that written notice of termination of the lease is given to the lessor by the lessee, the lessee's spouse or other legal representative or other adult family member, which shall include: (1) certification from a licensed physician that the lessee or a member of his household is handicapped and that the handicap is likely not to be of a temporary nature, and (2) a statement that the lessor has been asked to make the dwelling unit accessible to the lessee or to a member of the lessee's household at the lessor's expense and was unable or unwilling to do so. For purposes of this section, "handicapped" shall mean any person who would be considered a handicapped person pursuant to the definition in section 1 of P.L.1949, c.280 (C.39:4-204).
Terminations pursuant to this section shall take effect on the fortieth day following the receipt by the lessor of the written notice, and the rent shall be paid up to the time of termination, at which time the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor at least five working days prior to the fortieth day following receipt by the lessor of written notice.

L.1985,c.317,s.5; amended 1993, c.208; 2005, c.112.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8-9.2, certain residential leases of one year or more may be ended before their expiration date when a tenant or spouse experiences a qualifying disability, serious illness, or accident that affects their ability to pay rent, or when a tenant or spouse aged 62 or older is accepted into an assisted living facility, nursing home, continuing care retirement community, or income-restricted housing. The early termination takes effect on the fortieth day after the landlord receives proper written notice, with the tenant required to vacate and return possession at least five working days before that fortieth day. Each qualifying circumstance requires specific supporting documentation—such as physician certifications, proof of income loss, or facility acceptance letters—to be included with the written notice.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under N.J.S.A. 46:8-9.2, compliant property owners and managers familiarize themselves with the four qualifying grounds for early lease termination and the specific documentation each requires before a termination becomes effective. Operators generally review incoming written termination notices carefully to confirm that all required attachments—such as physician certifications, proof of income loss, or facility acceptance documentation—are present, since the forty-day termination clock begins upon receipt of the notice. Landlords also note that the provision addresses accessibility: if a tenant requests that the unit be made handicapped accessible and the landlord is unable or unwilling to do so, that refusal can itself become a qualifying basis for early termination under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 46:8-9.2 gives residential tenants—and their spouses or legal representatives—the right to end a lease early without penalty when specific qualifying circumstances arise, including disabling illness affecting the ability to pay rent, admission to a care facility for those 62 or older, acceptance into income-restricted housing for those 62 or older, or living in a unit that cannot be made accessible for a household member with a permanent disability. To exercise this right, tenants generally provide written notice to the landlord along with all required supporting documents, and the lease ends on the fortieth day after the landlord receives that notice. Tenants who have questions about whether their situation qualifies, or who encounter resistance from a landlord, may wish to consult a tenant-rights organization or legal aid office 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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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