RESIDENTIAL LEASE AGREEMENT

(New Jersey)

[// GUIDANCE: This template is drafted to satisfy New Jersey landlord-tenant requirements in a standard, single-family or multi-family non-rent-controlled context. Counsel should tailor for rent-control, Section 8, condo, or co-op scenarios.]

DOCUMENT HEADER

This Residential Lease Agreement (the “Lease”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between [LANDLORD LEGAL NAME], whose notice address is [LANDLORD ADDRESS] (“Landlord”), and [TENANT LEGAL NAME], whose notice address is [TENANT ADDRESS] (“Tenant”).
Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the residential premises described below, upon the terms and conditions set forth herein, for valuable consideration, the receipt and sufficiency of which are acknowledged.

TABLE OF CONTENTS

1. Definitions
2. Lease of Premises; Term
3. Rent; Additional Rent
4. Security Deposit
5. Occupancy and Use
6. Maintenance; Repairs; Habitability
7. Utilities and Services
8. Alterations; Improvements
9. Insurance
10. Assignment and Subletting
11. Access and Inspection
12. Default
13. Remedies
14. Indemnification; Limitation of Liability
15. Casualty; Condemnation; Force Majeure
16. Dispute Resolution; Governing Law; Jury Trial
17. General Provisions
18. Execution Block

1. DEFINITIONS

For purposes of this Lease, the following capitalized terms shall have the meanings set forth below. Defined terms include the singular and plural and shall apply equally to the masculine, feminine, and neuter.

“Additional Rent” – Any monetary obligation of Tenant other than Base Rent, including late charges, utility payments, and costs reimbursable under this Lease.

“Base Rent” – [BASE RENT AMOUNT] per month, subject to adjustment as herein provided.

“Commencement Date” – [COMMENCEMENT DATE].

“Expiration Date” – [EXPIRATION DATE] (unless sooner terminated in accordance with this Lease).

“Premises” – The dwelling unit located at [PREMISES STREET ADDRESS, CITY, STATE, ZIP], together with the appurtenant right to use the common areas of the property (the “Property”).

“Security Deposit” – The deposit described in Section 4, not to exceed one-and-one-half (1.5) times the monthly Base Rent.

[// GUIDANCE: Add or delete defined terms to match customized provisions.]

2. LEASE OF PREMISES; TERM

2.1 Lease. Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term and on the covenants and conditions set forth herein.

2.2 Term. The term of this Lease (the “Term”) shall commence on the Commencement Date and end on the Expiration Date, unless earlier terminated or extended as provided herein.

2.3 Holdover. Any occupancy after the Expiration Date without Landlord’s written consent shall constitute a month-to-month tenancy subject to all provisions of this Lease and a holdover rent of 150% of the then-current Base Rent.

3. RENT; ADDITIONAL RENT

3.1 Base Rent. Tenant shall pay Base Rent in advance, without demand, deduction, or set-off, on or before the first (1st) day of each calendar month at Landlord’s notice address or as Landlord otherwise directs.

3.2 Method of Payment. Payments shall be made by [CHECK / ACH / OTHER] and deemed received upon actual collection. Cash payments are disfavored and may be rejected.

3.3 Late Charge. Any Base Rent or Additional Rent not received within five (5) calendar days after due shall bear a late charge of [LATE FEE AMOUNT OR PERCENTAGE], which shall constitute Additional Rent.

3.4 Returned Checks. Tenant shall pay a service charge of [SERVICE CHARGE] for each returned check, plus any bank fees incurred.

3.5 Additional Rent. All sums owed under this Lease other than Base Rent shall be deemed “Additional Rent” and shall be payable within ten (10) days after written demand.

4. SECURITY DEPOSIT (Statutory Compliance – N.J. Specific)

4.1 Amount; Delivery.
(a) Concurrently with Tenant’s execution of this Lease, Tenant shall deposit with Landlord the Security Deposit, which shall not exceed one and one-half (1.5) months’ Base Rent.
(b) If Base Rent increases, any permissible corresponding increase to the Security Deposit shall not exceed 10% per year and shall be paid within thirty (30) days after written demand.

4.2 Interest-Bearing Account. Landlord shall place the Security Deposit in an interest-bearing account in a financial institution insured by the FDIC and shall notify Tenant in writing, within thirty (30) days after receipt (and annually thereafter upon written request), of (i) the name and address of the bank, (ii) the account type, and (iii) the current interest rate.

4.3 Annual Interest Credit. Landlord shall, on each anniversary of the Commencement Date, either (a) pay Tenant the accrued interest, or (b) apply such interest toward the next installment of Base Rent.

4.4 Permitted Deductions. Upon termination of this Lease, Landlord may deduct from the Security Deposit amounts reasonably necessary to (i) remedy Tenant’s default in payment of Rent, (ii) repair damage beyond ordinary wear and tear, and (iii) clean the Premises if not returned in broom-clean condition.

4.5 Return of Deposit. Landlord shall return the balance of the Security Deposit, with an itemized statement of deductions, to Tenant’s forwarding address within thirty (30) days after Tenant surrenders possession, or within five (5) days if the Premises become uninhabitable due to fire, flood, or condemnation.

4.6 Non-Waiver. Tenant’s rights in the Security Deposit are created by statute and may not be waived. Any attempted waiver is void.

[// GUIDANCE: Consider attaching Landlord’s statutory security-deposit notice as an exhibit.]

5. OCCUPANCY AND USE

5.1 Permitted Use. The Premises shall be used solely as a private residence for Tenant and the following authorized occupants: [LIST NAMES] (“Authorized Occupants”).

5.2 Prohibited Conduct. Tenant shall not (a) create a nuisance or unlawful disturbance, (b) engage in illegal activities, (c) keep hazardous materials, or (d) allow occupancy in excess of legal limits.

5.3 Pets. [PET POLICY – e.g., “No pets are permitted without Landlord’s prior written consent and a non-refundable pet fee of [AMOUNT].”]

6. MAINTENANCE; REPAIRS; HABITABILITY

6.1 Landlord Obligations. Landlord shall:
(a) Maintain the structural elements, roof, plumbing, heating, and electrical systems of the Premises in good working order;
(b) Provide adequate heat, hot water, and other essential services required by applicable housing codes;
(c) Comply with all federal, state, and local health, safety, and habitability standards.

6.2 Tenant Obligations. Tenant shall:
(a) Keep the Premises clean, sanitary, and free of debris;
(b) Promptly notify Landlord in writing of any condition requiring repair;
(c) Be liable for the cost of repairs caused by Tenant’s misuse, negligence, or willful acts.

6.3 Self-Help and Rent Abatement. Nothing herein shall be construed to waive Tenant’s statutory rights to withhold rent or seek other remedies for Landlord’s material failure to maintain habitability after reasonable notice and opportunity to cure, as provided by New Jersey law.

7. UTILITIES AND SERVICES

7.1 Tenant-Paid Utilities. Tenant shall timely pay all charges for [ELECTRIC / GAS / WATER / SEWER / TRASH / INTERNET] serving the Premises, except those expressly stated below as Landlord’s responsibility.

7.2 Landlord-Paid Utilities. Landlord shall pay for [LIST].

7.3 Interruption. Temporary interruption of utilities due to maintenance or events beyond Landlord’s control shall not constitute constructive eviction, provided Landlord uses commercially reasonable efforts to restore service.

8. ALTERATIONS; IMPROVEMENTS

8.1 Consent Required. Tenant shall not make any alterations, improvements, installations, or additions to the Premises without Landlord’s prior written consent.

8.2 Ownership and Removal. Unless Landlord elects otherwise, all alterations shall become Landlord’s property upon installation. At Landlord’s option, Tenant shall remove unauthorized alterations and restore the Premises to original condition at Tenant’s expense.

9. INSURANCE

9.1 Tenant Insurance. Tenant shall maintain (a) renter’s liability insurance with limits of not less than $100,000 per occurrence, and (b) personal property insurance sufficient to cover Tenant’s belongings. Tenant shall provide proof of coverage prior to occupancy and upon each renewal.

9.2 Landlord Insurance Disclaimer. Landlord’s insurance does not cover Tenant’s personal property. Tenant assumes all risk of loss to Tenant’s property.

10. ASSIGNMENT AND SUBLETTING

Tenant shall not assign this Lease or sublet all or any portion of the Premises without Landlord’s prior written consent, which consent may be withheld in Landlord’s reasonable discretion. Any unauthorized transfer shall be void and constitute a material default.

11. ACCESS AND INSPECTION

11.1 Routine Access. Subject to at least twenty-four (24) hours’ prior notice, Landlord may enter the Premises during reasonable hours to inspect, make repairs, show to prospective purchasers or tenants, or for other lawful purposes.

11.2 Emergency Access. In an emergency threatening life or property, Landlord may enter the Premises without prior notice.

11.3 Tenant Presence. Tenant may, but is not required to, be present during Landlord’s entry, provided that Tenant’s inability to attend shall not delay entry for lawful purposes.

12. DEFAULT

12.1 Tenant Defaults. Each of the following constitutes a “Tenant Default”:
(a) Failure to pay any Rent within five (5) days after due;
(b) Violation of any material covenant not cured within ten (10) days after written notice;
(c) Illegal use of the Premises;
(d) Unauthorized assignment, sublease, or occupancy;
(e) Repeated minor violations that collectively constitute a substantial breach.

12.2 Landlord Defaults. Landlord’s failure to perform any material obligation within thirty (30) days after written notice (or such longer period as reasonably required, provided Landlord commences cure within such 30-day period) constitutes a “Landlord Default.”

13. REMEDIES

13.1 Remedies for Tenant Default. Subject to the New Jersey Anti-Eviction Act, upon any uncured Tenant Default, Landlord may:
(a) Sue for unpaid Rent and possession through Summary Dispossess proceedings in the Special Civil Part, Landlord-Tenant Section;
(b) Terminate this Lease upon statutory notice;
(c) Recover actual damages and reasonable attorney’s fees as Additional Rent;
(d) Apply the Security Deposit toward sums due.

13.2 Remedies for Landlord Default. If Landlord fails to cure a Landlord Default, Tenant may (a) pursue all remedies available at law or in equity, and (b) under appropriate circumstances, apply rent abatement or repair-and-deduct remedies as permitted by statute.

13.3 No Self-Help Eviction. Landlord shall not take self-help measures to dispossess Tenant; eviction may only be effected through court order.

14. INDEMNIFICATION; LIMITATION OF LIABILITY

14.1 Tenant Indemnity. Tenant shall indemnify, defend, and hold harmless Landlord and Landlord’s agents from and against any claims, liabilities, damages, or expenses (including reasonable attorney’s fees) arising out of Tenant’s or any Authorized Occupant’s use or occupancy of the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct.

14.2 Landlord Liability. To the fullest extent permitted by law, Landlord’s liability for breach of this Lease or other claims shall be limited to the amount of the Security Deposit actually held by Landlord at the time of the event giving rise to liability, except for damages resulting from Landlord’s gross negligence or willful misconduct.

[// GUIDANCE: Liability cap tied to Security Deposit is enforceable if clearly expressed and not unconscionable; review against current NJ case law before adoption.]

15. CASUALTY; CONDEMNATION; FORCE MAJEURE

15.1 Casualty. If the Premises are damaged by fire or other casualty not caused by Tenant and rendered uninhabitable, either party may terminate this Lease on ten (10) days’ written notice; Rent shall abate from the date of casualty.

15.2 Condemnation. In the event of eminent-domain taking of the Premises that materially interferes with occupancy, this Lease shall terminate as of the taking, and Rent shall be apportioned as of that date. Tenant shall have no claim to condemnation awards attributable to the real property.

15.3 Force Majeure. Except for monetary obligations, neither party shall be liable for failure to perform due to causes beyond its reasonable control, including acts of God, war, pandemic, or governmental orders.

16. DISPUTE RESOLUTION; GOVERNING LAW; JURY TRIAL

16.1 Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to conflict-of-laws principles.

16.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the Superior Court of New Jersey, [COUNTY] County, Special Civil Part (Landlord-Tenant Section), or any court having subject-matter jurisdiction over claims arising hereunder.

16.3 Arbitration. The parties expressly exclude arbitration; disputes shall be resolved in the designated courts.

16.4 Jury Trial. Each party acknowledges the constitutional right to a trial by jury and does not waive such right.

16.5 Injunctive Relief. Nothing herein limits Landlord’s right to seek injunctive or equitable relief, including eviction orders, to protect Landlord’s interest in the Premises.

17. GENERAL PROVISIONS

17.1 Notices. All notices shall be in writing and delivered (a) personally, (b) by certified mail, return receipt requested, or (c) by nationally recognized overnight courier, to the notice addresses stated herein or such other address as a party designates.

17.2 Amendments; Waivers. No amendment or waiver shall be effective unless in a writing signed by the party against whom enforcement is sought. A waiver on one occasion shall not constitute a waiver on subsequent occasions.

17.3 Severability. If any provision is held unenforceable, the remaining provisions shall be interpreted to effect the parties’ intent to the greatest extent permitted by law.

17.4 Entire Agreement. This Lease (including all exhibits and addenda) constitutes the entire agreement between the parties and supersedes all prior negotiations and understandings.

17.5 Successors and Assigns. Subject to Section 10, this Lease shall bind and inure to the benefit of the parties and their respective successors, heirs, and permitted assigns.

17.6 Counterparts; Electronic Signatures. This Lease may be executed in counterparts, each of which is an original, and all of which together constitute one instrument. Signatures delivered by electronic means are binding.

17.7 Lead-Based Paint Disclosure. If the Premises were built before 1978, Landlord shall provide Tenant with the federally required Lead-Based Paint Disclosure and EPA pamphlet prior to execution.

17.8 Truth-in-Renting. Landlord shall provide Tenant with the current New Jersey “Truth-in-Renting” booklet as required by law.

18. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: ______
Name: [PRINT NAME]
Title: [If applicable]
Date: ________

TENANT:

[TENANT LEGAL NAME]
Date: __________

[// GUIDANCE: Add notary acknowledgment if local recording or court practice requires.]

End of Document