N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.9

Waiving of rights, remedies prohibited

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyProhibited Clauses

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.9
6. The parties to a lease agreement creating a tenancy in residential rental property may not agree to waive any rights or remedies arising under P.L.2008, c.111 (C.46:8-9.4 et al.).

L.2008, c.111, s.6.
Source: Legislative text reproduced verbatim
Plain English

Section 46:8-9.9 of New Jersey law establishes that neither landlords nor tenants can contractually give up any rights or remedies created by the 2008 legislation governing residential rental properties (P.L.2008, c.111). Any lease clause that attempts to waive those protections is effectively unenforceable as a matter of law. The rule applies to all parties equally, meaning neither side of a residential lease can bargain away what the statute provides.

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. 46:8-9.9, lease agreements for residential rental properties cannot include clauses that ask tenants to surrender rights or remedies established by P.L.2008, c.111. Compliant operators review their standard lease forms to ensure no provision purports to waive statutory protections, even if a tenant were willing to agree. Including such a waiver clause does not make it binding and may expose the lease to legal challenge.

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. 46:8-9.9 means that any lease term you signed that purports to waive your rights or remedies under P.L.2008, c.111 is not legally valid and cannot be enforced against you. If a landlord attempts to rely on such a clause, tenants generally have the option of raising the provision's prohibition as a defense in any relevant proceeding. Tenant-rights organizations in New Jersey can help explain what specific rights and remedies the underlying statute protects.

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.

Effective Timeline

Current
Oct 6, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

No inbound references recorded yet for this provision.

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease