What do New Jersey landlord tenant laws say about deposits, fire repairs and leases?

New Jersey landlord tenant laws say the owner or lessee shall return the security deposit within 30 days after the termination of the tenant's lease (46:8-21.1), and may not require more than 1 1/2 times 1 month's rental as a security for real property used for dwelling purposes (46:8-21.2).

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For property managers, landlords and HOA boards Sources read: 2026-10-30 Updated 2026-11-03

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New Jersey security deposit days, caps and rates, with sources

Days for the owner or lessee to return the security deposit after the termination of the tenant's lease (46:8-21.1)	30 daysstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-21.1, read 2026-10-30
Business days for the owner or lessee to have the deposit available and return it upon his demand after the tenant is displaced (46:8-21.1(a))	five business daysstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-21.1, read 2026-10-30
Days for the person investing the security deposit to notify in writing where it is held (46:8-19(c))	30 daysstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-19, read 2026-10-30
Security deposit an owner or lessee may not require more than (46:8-21.2)	1 1/2 times 1 month's rentalstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-21.2, read 2026-10-30
Additional security an owner or lessee collects annually: not greater than 10 percent of the current deposit (46:8-21.2)	10 percentstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-21.2, read 2026-10-30
Interest at seven percent per annum the tenant may by written notice apply to rent if the person receiving the deposit fails to invest it, give the notice or pay the interest (46:8-19(c))	seven percent per annumstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-19, read 2026-10-30
Longest term counted as a seasonal use or rental (46:8-19(d))	125 consecutive daysstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-19, read 2026-10-30
Owner-occupied premises with not more than two rental units: outside the act for rental premises or units used for dwelling purposes unless the tenant gives 30 days written notice (46:8-26)	two rental unitsstate (New Jersey); statute text in force on the read day, 2026-10-30 (lis.njleg.state.nj.us statutes gateway); New Jersey Statutes 46:8-26, read 2026-10-30

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What repairs is a landlord responsible for in New Jersey?

The repair duty New Jersey's chapter 46:8 states is for a building on leased premises injured by fire, without the fault of the lessee; section 46:8-6 reads: “Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible.” (New Jersey Statutes 46:8-6) (read 2026-10-30).

That duty yields to the lease: 46:8-6 closes, "This section shall not extend or apply to cases wherein the parties have otherwise stipulated in their agreement of lease." So for a building injured by fire, without the fault of the lessee, the lease is read first for whether the parties have otherwise stipulated.

For a plumbing, heating or structural repair in a New Jersey rental, a manager can post the job on InstaBids with photos and compare written bids on the same scope.

How long does a landlord have to make repairs in New Jersey?

For a building on leased premises injured by fire, without the fault of the lessee, 46:8-6 sets no day count; the landlord shall repair the same as speedily as possible: “Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible.” (New Jersey Statutes 46:8-6) (read 2026-10-30).

The time the repair takes is what the rent turns on: in default of such repair after a building is injured by fire, the rent shall cease until such time as the building shall be put in complete repair (46:8-6).

Once a repair is due, a manager can describe it on InstaBids once and get written bids without phone calls or site visits before choosing.

How long does a landlord have to return a security deposit in New Jersey?

Section 46:8-21.1 gives the owner or lessee 30 days: “Within 30 days after the termination of the tenant's lease or licensee's agreement, the owner or lessee shall return by personal delivery, registered or certified mail the sum so deposited plus the tenant's portion of the interest or earnings accumulated thereon, less any charges expended in accordance with the terms of a contract, lease, or agreement, to the tenant or licensee” (New Jersey Statutes 46:8-21.1) (read 2026-10-30).

After a displacement the window is five business days: under 46:8-21.1(a), once the tenant is displaced by fire, flood, condemnation, or evacuation and an authorized public official posts a notice prohibiting occupancy, or an inspector certifies displacement is expected to continue longer than seven days, the owner or lessee shall have available and return the deposit upon his demand.

While it is held, a deposit made on a lease shall be held in trust and shall not be mingled with the personal property of the person receiving it (46:8-19), and the person investing the security deposit shall notify in writing where it is held within 30 days of the receipt of the security deposit from the tenant (46:8-19(c)).

The interest or earnings on it shall be paid to the tenant in cash, or be credited toward the payment of rent due on the renewal or anniversary of the lease (46:8-19(c)); if the person receiving the deposit fails to invest it, give that notice or pay the interest, the tenant may give written notice that the deposit plus interest at seven percent per annum be applied on account of rent (46:8-19(c)).

For move-out cleaning and repairs before a deposit is settled, a manager can post the turnover work on InstaBids and compare written bids.

When can a tenant withhold rent over repairs in New Jersey?

New Jersey's 46:8-6 does not use the word withhold; for a building on leased premises injured by fire, without the fault of the lessee, it says what happens in default of such repair: “Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible. In default of such repair the rent shall cease until such time as the building or buildings shall be put in complete repair.” (New Jersey Statutes 46:8-6) (read 2026-10-30).

So under 46:8-6, after a building is injured by fire and in default of such repair, the rent shall cease until the building is put in complete repair, unless the parties have otherwise stipulated in their agreement of lease.

When a tenant raises a repair that could lead to rent being held in court, a manager can post that repair on InstaBids and compare written bids.

When can a tenant end a lease over repairs in New Jersey?

Section 46:8-7 covers a building that is totally destroyed rather than repairable: “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.” (New Jersey Statutes 46:8-7) (read 2026-10-30).

So when a building on leased premises is totally destroyed, without the fault of the lessee, the rent is paid up to that time and the lease shall cease and come to an end (46:8-7), unless the parties have otherwise stipulated in their agreement of lease; a building injured by fire but not totally destroyed stays under 46:8-6, where the landlord shall repair the same as speedily as possible.

After fire or other damage to a unit, a manager can post the restoration job on InstaBids with photos and get written bids on one scope.

Who does New Jersey landlord tenant law cover?

For the security deposit act, 46:8-26 answers it: “The provisions of this act shall apply to all rental premises or units used for dwelling purposes except owner-occupied premises with not more than two rental units where the tenant has failed to provide 30 days written notice to the landlord invoking the provisions of this act.” (New Jersey Statutes 46:8-26) (read 2026-10-30).

Within that act, 46:8-19(d) sets apart the seasonal use or rental of not more than 125 consecutive days: “The provisions of this section requiring that the security advanced be deposited or invested in a money market fund, or in an interest bearing account in a State or federally chartered bank, savings bank or savings and loan association shall not apply to any security advanced on a contract, lease or license agreement 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.” (New Jersey Statutes 46:8-19)

Managers of New Jersey rentals covered here can post any unit repair on InstaBids by chat or through their own AI assistant.

New Jersey chapter 46:8 rules a property manager works to

Section 46:8-19, for a deposit made on a lease (held in trust, not mingled):

Whenever money or other form of security shall be deposited or advanced on a contract, lease or license agreement for the use or rental of real property as security for performance of the contract, lease or agreement or to be applied to payments upon such contract, lease or agreement when due, such money or other form of security, until repaid or so applied including the tenant's portion of the interest or earnings accumulated thereon as hereinafter provided, shall continue to be the property of the person making such deposit or advance and shall be held in trust by the person with whom such deposit or advance shall be made for the use in accordance with the terms of the contract, lease or agreement and shall not be mingled with the personal property or become an asset of the person receiving the same.

Source: New Jersey Statutes 46:8-19, read 2026-10-30

Section 46:8-21.2, for an owner or lessee collecting additional security (not greater than 10 percent annually):

Whenever an owner or lessee collects from a tenant an additional amount of security deposit, the amount collected annually as additional security shall not be greater than 10 percent of the current security deposit.

Source: New Jersey Statutes 46:8-21.2, read 2026-10-30

Section 46:8-6, for the landlord when a building is injured by fire, without the fault of the lessee (repair as speedily as possible):

Whenever any building or buildings erected on leased premises shall be injured by fire, without the fault of the lessee, the landlord shall repair the same as speedily as possible.

Source: New Jersey Statutes 46:8-6, read 2026-10-30

What to put in a written repair scope for a New Jersey rental

For a building on leased premises injured by fire, without the fault of the lessee: the date of the fire and the repair the landlord shall make as speedily as possible (46:8-6), unless the lease has otherwise stipulated.
The date the building injured by fire is put in complete repair, since in default of such repair the rent shall cease until that time (46:8-6).
For a displaced tenant: the date the tenant was displaced by fire, flood, condemnation, or evacuation, since within five business days the owner or lessee shall have available and return the deposit upon his demand (46:8-21.1(a)).
The lease end date, since within 30 days after the termination of the tenant's lease the owner or lessee shall return the deposit, interest and charges (46:8-21.1); repair charges taken from it are listed item by item.

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Calling New Jersey contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope for a building injured by fire, without the fault of the lessee, which the landlord shall repair as speedily as possible under 46:8-6, you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

New Jersey Statutes 46:8-21.2, read 2026-10-30: lis.njleg.state.nj.us
New Jersey Statutes 46:8-19, read 2026-10-30: lis.njleg.state.nj.us
New Jersey Statutes 46:8-21.1, read 2026-10-30: lis.njleg.state.nj.us
New Jersey Statutes 46:8-7, read 2026-10-30: lis.njleg.state.nj.us
New Jersey Statutes 46:8-6, read 2026-10-30: lis.njleg.state.nj.us
New Jersey Statutes 46:8-26, read 2026-10-30: lis.njleg.state.nj.us