New Jersey Residential Lease Agreement

New Jersey Residential Lease Agreement

(Lease for Term or Month-to-Month)

Terms and Conditions

THIS LEASE AGREEMENT (“Agreement” or “Lease”) is made and entered into this _____ day of _____, 20_____, between the person or entity named as Landlord in the Data Schedule above (“Landlord”), whose address is stated there, and the person(s) named as Tenant in the Data Schedule above (“Tenant”). All adult persons signing this Agreement as Tenant are jointly and severally liable for the obligations of Tenant under this Agreement. Any occupant under eighteen (18) years of age is listed in this Agreement as an occupant only and is not a party to this Agreement. Occupants who are not parties (name and age): _____.

No other person may occupy the Premises except as USE OF PREMISES permits.

WHEREAS, Landlord leases to Tenant, and Tenant leases from Landlord, the dwelling identified in the Data Schedule above in the New Jersey county stated there, such real property having the street address stated in the Data Schedule above (the “Premises”) on the terms and conditions in this Agreement; and

NOW, THEREFORE, for and in consideration of the covenants and obligations contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree:

1. RIGHT OF TERMINATION. If the dwelling type elected above is a condominium or cooperative unit, the following statement is incorporated as the first clause of this Agreement in accordance with N.J.S.A. 2A:18-61.9 (and applies only in that case): “STATEMENT: THIS BUILDING IS BEING CONVERTED TO OR IS A CONDOMINIUM OR COOPERATIVE. YOUR TENANCY CAN BE TERMINATED UPON 60 DAYS' NOTICE IF YOUR APARTMENT IS SOLD TO A BUYER WHO SEEKS TO PERSONALLY OCCUPY IT. IF YOU MOVE OUT AS A RESULT OF RECEIVING SUCH A NOTICE, AND THE LANDLORD ARBITRARILY FAILS TO COMPLETE THE SALE, THE LANDLORD SHALL BE LIABLE FOR TREBLE DAMAGES AND COURT COSTS.”

2. TERM. This Agreement shall commence on the Commencement Date stated in the Data Schedule (“Commencement Date”). The parties’ Term of Tenancy election is stated in the Data Schedule. If neither option is checked, this Agreement is a lease for term under paragraph (a).

(a) Lease. This Agreement shall continue as a lease for term. The termination date shall be on the Termination Date stated in the Data Schedule at 11:59 PM. If the Premises is Exempt from the Anti-Eviction Act, Tenant shall vacate the Premises on the Termination Date unless (i) Landlord and Tenant extend this Agreement in writing or sign a new written agreement, (ii) local rent control law mandates extension of the tenancy, or (iii) Landlord accepts new Rent (not past-due Rent) from Tenant after the Termination Date, in which case a month-to-month tenancy is created that either party may end under paragraph (b). If the Premises is Covered by the Anti-Eviction Act, the tenancy continues after the Termination Date as a month-to-month tenancy on the terms of this Agreement, as lawfully modified by reasonable changes Landlord proposes at renewal under N.J.S.A. 2A:18-61.1(i), and Landlord may terminate or decline to renew it only for good cause under N.J.S.A. 2A:18-61.1 and upon the notices the Act requires. Rent shall continue at the rate specified in this Agreement or as lawfully changed. Acceptance of new Rent after the Termination Date does not waive any then-existing default. All other terms and conditions of this Agreement remain in full force and effect.

(b) Month-to-Month. This Agreement shall continue as a month-to-month tenancy. Tenant may terminate the month-to-month tenancy only as of the last day of a monthly rental period, by written notice delivered to Landlord at least one (1) full calendar month before that day. If the Premises is Exempt from the Anti-Eviction Act, Landlord may terminate the tenancy by providing to Tenant written notice of intention to terminate at least one (1) month prior to the desired date of termination (N.J.S.A. 2A:18-56). If the Premises is Covered by the Anti-Eviction Act, Landlord may terminate or fail to renew the tenancy only for good cause under N.J.S.A. 2A:18-61.1 and upon the notices the Act requires. A notice to quit a month-to-month tenancy of Exempt premises shall set a termination date on a recurring periodic date of the tenancy and shall give not less than one (1) month’s notice (N.J.S.A. 2A:18-56(b)).

3. ANTI-EVICTION ACT COVERAGE. The New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1 to -61.12) limits the termination and non-renewal of residential tenancies to statutory good-cause grounds for covered premises. The only premises outside the Act are owner-occupied premises containing not more than two rental units (a two- or three-family building in which the owner lives); hotels, motels, and other guest houses rented to transient or seasonal guests; a dwelling unit held in trust for a member of the immediate family of the person establishing the trust who permanently occupies the unit and has a developmental disability; and a dwelling unit permanently occupied by a member of the owner’s immediate family who has a developmental disability (N.J.S.A. 2A:18-61.1). Landlord has identified the coverage of the Premises in the Data Schedule based on the facts of ownership, occupancy, and unit count existing at execution. If the Premises is Covered, or if the Data Schedule election is not completed, the good-cause requirements of the Act apply to this tenancy, and any provision of this Agreement addressing termination or non-renewal without good cause applies only to the extent the Act permits. If the Premises is Exempt, the notice periods stated in this Agreement for exempt premises apply.

4. RENT. Under the terms of this Agreement, “Rent” shall consist of all monetary obligations owed to Landlord by Tenant in accordance with this Agreement including any Late Charge. However, the Security Deposit shall not be considered Rent. Tenant shall pay to Landlord the Monthly Rent stated in the Data Schedule per month as Rent for the Term of the Agreement. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Payments received are applied chronologically to the oldest outstanding balance.

Acceptable forms of payment of Rent shall be (check all that apply):

☐ personal check ☐ money order ☐ cashier’s check

☐ other: _____.

Payment shall be made to Landlord under the name and address stated in the Data Schedule.

If any payment by Tenant is returned for insufficient funds (“NSF”) or if Tenant stops payment, Landlord may require in writing that Tenant (i) pay Rent in cash for the three (3) months following the dishonored payment and (ii) make all Rent payments after that period by money order, cashier’s check, or another certified form of payment Landlord designates. Landlord reserves all remedies provided by law for a dishonored check or electronic funds transfer, including those under N.J.S.A. 2A:32A-1.

5. SECURITY DEPOSIT. Tenant shall furnish Landlord with a Security Deposit in the amount stated in the Data Schedule as security for the full performance of all of the terms of this Agreement. If Landlord is subject to the Rent Security Deposit Act: the Security Deposit, combined with any pet deposit under the ANIMALS clause, shall not exceed one and one-half (1.5) times the monthly Rent; and on an annual basis, Landlord may collect an increase in the Security Deposit from Tenant, provided that the increase does not exceed ten percent (10%) of the current Security Deposit.

Return of Security Deposit and Inspection of Premises. Upon Tenant's vacating the Premises at the end of the tenancy, Landlord may inspect the Premises. Landlord shall return the Security Deposit to Tenant, less any charges expended in accordance with the terms of this Agreement and less any Rent due and owing. If Landlord is subject to the Rent Security Deposit Act, the return shall be made within thirty (30) days following the termination of this Agreement, shall include any undistributed interest, and shall be accompanied by an itemized statement of the interest and deductions, delivered with the remaining balance of the Security Deposit via personal delivery or registered or certified mail (N.J.S.A. 46:8-21.1). Tenant may not use the Security Deposit for Rent payment without the written consent of Landlord, except as authorized by applicable law.

Compliance with Rent Security Deposit Act. Landlord must comply with the Rent Security Deposit Act, N.J.S.A. 46:8-19 et seq. (the “Act”), except when the Premises is owner-occupied with no more than two (2) rental units (in which case the Act does not apply unless Tenant invokes it by thirty (30) days' written notice as N.J.S.A. 46:8-26 provides), or is a seasonal tenancy of not more than one hundred twenty-five (125) consecutive days rented by a person who has a permanent residence elsewhere (exempt from the Act’s investment and interest provisions, N.J.S.A. 46:8-19(d)). An attempted waiver of the Act's requirements is void.

Notice of Deposit of Security Funds. If Landlord is subject to the Rent Security Deposit Act, Landlord must provide Tenant a written statement that includes the name and address of the investment company, bank or savings and loan association along with the type of account, current rate of interest, and amount deposited within thirty (30) days of receipt of a Security Deposit. Landlord provides the following information in this Agreement (this notice may appear in the lease) and shall confirm or update it in writing within thirty (30) days after receipt of the Security Deposit if any item differs: the depository information stated in the Data Schedule.

Notice of New Landlord or New Account Location. If Landlord is subject to the Rent Security Deposit Act, Landlord must notify Tenant within thirty (30) days of transferring Security Deposit money to a new landlord or moving the Security Deposit to another account or bank. In the event of a sale or conveyance of the Premises during the tenancy, Landlord shall transfer the Security Deposit, along with the unaccrued interest, to the new owner. Landlord shall provide notice of the sale or conveyance, and the name and address of the new owner, to Tenant via registered or certified mail within five (5) days following the transfer of title. The new owner shall assume the responsibilities for investing the Security Deposit, paying all interest, giving required notices, and returning the Security Deposit in accordance with the Act, even in the case of Landlord's failure to transfer the Security Deposit.

Notice of Annual Interest Accrued and Payment or Credit. If Landlord is subject to the Rent Security Deposit Act, Landlord shall ensure Tenant is notified annually of the interest earned on the Security Deposit, and the interest must either be paid to Tenant in cash or credited towards Rent due on the Agreement's anniversary date, the renewal of the Agreement, or on January 31 if Landlord provides written notice that Landlord will make such interest payment on January 31.

☐ Landlord elects to pay or credit annual interest on January 31 of each year; this Agreement is the written notice of that election.

6. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant’s immediate family, consisting of _____, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant’s immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord’s written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. No guest may stay more than fourteen (14) consecutive days, or thirty (30) days in any twelve-month period, without Landlord’s written consent.

7. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.

8. ASSIGNMENT AND SUBLEASING. Tenant may not assign Tenant’s interests under this Agreement, sublease any portion of the Premises, or grant any license to use any portion of the Premises without the prior written consent of Landlord. Any unapproved attempt by Tenant to assign, sublease, or license all or any portion of Tenant’s interest under this Agreement shall qualify as a material breach of this Agreement. Such actions (whether through voluntary act, operation of law, or otherwise) shall be deemed null and void regarding the transfer of such interest to any third party. The prohibited activities described in this paragraph shall include but are not limited to subleasing through short-term rental or sharing services such as Airbnb®, Craigslist®, Vrbo®, or any rental, sharing, exchanging, or hosting platform. Consent by Landlord to one such assignment, subleasing, or license is not consent to any subsequent assignment, subleasing, or license.

9. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. At Landlord’s election, made by written notice before or at the end of the tenancy, Tenant shall instead remove any alteration and restore the Premises at Tenant’s expense.

10. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability, but the rent provided in this Agreement shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the Premises and pay the rent provided in this Agreement from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights under this Agreement shall terminate.

11. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company.

12. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises.

13. MAINTENANCE AND REPAIR; RULES. Nothing in this clause shifts to Tenant any non-waivable duty of Landlord, including the implied warranty of habitability under New Jersey law and, for buildings subject to the Hotel and Multiple Dwelling Law, the maintenance standards of N.J.A.C. 5:10 (including its heating standards). Landlord retains responsibility for the structure and the vital facilities of the Premises. Subject to the preceding sentences, Tenant will keep the Premises in good and sanitary condition and perform day-to-day upkeep during the term of this Agreement and any renewal of it, and, unless otherwise agreed in writing, Tenant shall:

(a)   Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of ingress and egress only;

(b)   Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;

(c)   Not obstruct or cover the windows or doors;

(d)   Not leave windows or doors in an open position during any inclement weather;

(e)   Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any yard area or space;

(f)   Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;

(g)   Not leave the Premises unoccupied for more than fourteen (14) consecutive days without prior written notice to Landlord of an emergency contact and authorization for entry under the INSPECTION clause.

(h)   Keep all air conditioning filters clean and free from dirt;

(i)   Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited in them. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant;

(j)   And Tenant’s family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

(k)   Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents;

(l)   Deposit all trash, garbage, rubbish or refuse in the locations provided for that purpose and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;

(m)   Not engage in smoking or the use of vapor-generating electronic devices, including, but not limited to, tobacco, marijuana, or cannabis (THC, CBD), within the interior or exterior boundaries of the Premises. Should Tenant breach this provision, Tenant shall be liable for all costs associated with the cleaning, restoration, deodorizing, abatement, repainting, or replacement of any affected ductwork, carpeting, vinyl flooring, or curtains that may be required as a result of such breach;

(n)   Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant to the Premises which may be adopted or promulgated by the Condominium or Homeowners’ Association having control over them.

14. SMOKE DETECTORS, CARBON MONOXIDE ALARMS, & PORTABLE FIRE EXTINGUISHERS. Pursuant to state law, Landlord is responsible for obtaining the Certificate of Smoke Detector and Carbon Monoxide Alarm and Portable Fire Extinguisher Compliance (CSDCMAPFEC). In the event that such alarms are battery operated, Tenant shall be responsible for ensuring their proper functioning by performing necessary maintenance.

15. TENANT’S PERSONAL PROPERTY AND VEHICLE INSURANCE. Landlord, Landlord’s agent or manager, or, if applicable, the Owners’ Association, are not responsible for insuring Tenant’s or Tenant’s permitted visitors’ personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant’s own insurance (renter’s insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord’s insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance. Tenant shall maintain, throughout the tenancy, a renter’s insurance policy with personal liability coverage of not less than $ _____, naming Landlord as an interested party, and shall deliver proof of coverage within ten (10) days after Landlord’s written request. Failure to maintain the policy is a breach of this Agreement; Landlord is not an insurer of Tenant’s property.

16. LANDLORD’S INSURANCE. The owner of the Premises is required by N.J.S.A. 40A:10A-1 to -2 to maintain liability insurance and to register the certificate of insurance annually with the municipality. This clause is a reminder of that duty; it is not additional coverage for Tenant.

17. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm, earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued under this Agreement. The rent provided for in this Agreement shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.

18. INSPECTION OF PREMISES; LANDLORD’S ACCESS. Upon at least one (1) day’s prior notice to Tenant, Landlord and Landlord’s agents may enter the Premises at reasonable times during the term of this Agreement and any renewal of it for the purpose of inspecting the Premises and all buildings and improvements on the Premises and for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building, and Tenant shall not unreasonably withhold access (for multiple dwellings, see N.J.A.C. 5:10-1.2). Landlord has the right to enter the Premises without prior notice in the event of an emergency. Upon at least one (1) day’s prior notice, Landlord may exhibit the Premises at reasonable times to prospective purchasers, lenders, insurers, and appraisers at any time during the tenancy, and to prospective tenants during the final sixty (60) days of the term or at any time after either party has given notice of termination, and may display the usual “for sale”, “for rent” or “vacancy” signs. Upon the same one (1) day’s notice, the right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. Tenant’s refusal of access after proper notice is a substantial breach of this Agreement.

19. SUBORDINATION OF LEASE. This Agreement and Tenant’s interest under this Agreement are and shall be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or later placed on the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances.

20. TENANT’S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions of this Agreement except that rent shall then be due and owing at the Holdover Monthly Rent stated in the Data Schedule and except that, if the Premises is Exempt from the Anti-Eviction Act, such tenancy shall be terminable upon one (1) month’s written notice served by either party, and, if the Premises is Covered by the Anti-Eviction Act, such tenancy may be terminated or not renewed by Landlord only for good cause under N.J.S.A. 2A:18-61.1 and upon the notices the Act requires.

21. SURRENDER OF PREMISES. Upon the expiration of the term of this Agreement, Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear of the Premises and damages by the elements excepted.

22. ANIMALS. No animal of any kind may be kept on the Premises without Landlord’s prior written consent. If Landlord consents, Tenant may keep no more than _____ of the following: _____, and shall pay a pet deposit of $ _____ before the animal is brought onto the Premises. The pet deposit is refundable, is part of the security deposit for purposes of the Rent Security Deposit Act, and, if that Act applies, together with the Security Deposit shall not exceed one and one-half (1.5) times the monthly Rent. Assistance animals required as a reasonable accommodation are not pets under this clause and no pet deposit may be charged for them.

23. QUIET ENJOYMENT. Tenant, upon payment of all sums payable by Tenant under this Agreement, upon performance of Tenant’s agreements in this Agreement, and upon observance of all rules and regulations, may peacefully and quietly hold and enjoy the Premises for the term of this Agreement.

24. RULES. Tenant shall comply with Landlord’s Rules and Regulations attached as an addendum, which Tenant accepts in writing by signing this Agreement, and with reasonable rules Landlord adopts later on written notice, to the extent the Anti-Eviction Act permits.

25. INDEMNIFICATION. Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all claims, demands, damages, losses, and expenses, including reasonable attorneys’ fees, to the extent arising out of (a) the negligence, willful misconduct, or breach of this Agreement by Tenant or Tenant’s family, guests, invitees, agents, or employees, or (b) injury or damage occurring within the Premises not caused by Landlord’s negligence or by Landlord’s breach of a duty imposed by law. Nothing in this Agreement releases Landlord from liability for Landlord’s own negligence, and nothing in this Agreement limits any non-waivable obligation of Landlord under applicable law, including the implied warranty of habitability and the Rent Security Deposit Act.

26. DEFAULT. Landlord retains the right of re-entry of the Premises in the event of a material breach of this Agreement by Tenant. If such a breach occurs, Landlord may terminate this Agreement and regain possession of the Premises. In addition, Landlord may seek Tenant’s eviction for any other cause permitted under New Jersey law. Landlord shall recover possession only through legal process (N.J.S.A. 2A:39-1). For Covered premises, Landlord shall give any notice to cease and notice to quit, and shall wait any period, that N.J.S.A. 2A:18-61.1 and 2A:18-61.2 require for the ground relied on.

27. DAMAGES. Tenant shall be responsible for compensating Landlord for any damages incurred due to the Tenant's breach of this Agreement, which may include, but is not limited to, lost rent, the costs of preparing the Property for re-rental and a real estate broker's commission for finding a new tenant due to eviction or early termination of the tenancy.

28. LATE CHARGE. If any payment required of Tenant is not received by Landlord by the day of the month stated in the Data Schedule, Tenant shall pay to Landlord the Late Charge stated in the Data Schedule. The Late Charge may be imposed only once with respect to any late installment and shall not compound or accrue. This Late Charge shall be added to the next installment of Rent due and shall be deemed as additional Rent. The Landlord shall have the same rights and remedies against the Tenant for failure to pay this additional Rent as the Landlord has for Tenant’s failure to pay the monthly Rent, including the right to commence eviction proceedings. Despite the preceding sentences, a Tenant who is a senior citizen receiving a Social Security Old Age Pension, a Railroad Retirement Pension, or other governmental pension in lieu of Social Security Old Age Pensions, or who receives Social Security Disability Benefits, Supplemental Security Income, or benefits under Work First New Jersey, shall be allowed a period of five (5) business days grace for payment when the Rent is due on the first of the month, and no Late Charge may be assessed during that grace period (N.J.S.A. 2A:42-6.1 to -6.3).

29. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part of it, Landlord may, at Landlord’s option, obtain possession of the Premises in the manner provided by law. Landlord shall make reasonable efforts to relet the Premises as New Jersey law requires, may relet for all or any part of the unexpired term on terms Landlord considers appropriate, and may hold Tenant liable for (i) the difference between the Rent payable under this Agreement for the balance of the unexpired term and the net rent actually received from reletting, and (ii) Landlord’s reasonable costs of reletting, including advertising, cleaning, repairs beyond normal wear, and any broker’s commission. Personal property belonging to Tenant left on the Premises following abandonment, surrender, or removal shall be handled in accordance with the Abandoned Tenant Property Act, N.J.S.A. 2A:18-72 to -84: Landlord shall give the notice required by N.J.S.A. 2A:18-73 (certified mail, return receipt requested, or receipted first-class mail, addressed to Tenant at Tenant's last known address and at any alternate address known to Landlord), shall store the property with reasonable care, and may dispose of or sell such property only as the Act provides following an executed warrant of removal or Tenant's written relinquishment, and may deduct the costs of notice, storage, and sale, and any unpaid Rent, from the proceeds as the Act provides.

30. ATTORNEYS’ FEES. Each party retains any right to recover attorneys’ fees and costs that a statute, court rule, or court order provides. This Agreement does not create a contractual right to attorneys’ fees for either party.

31. GOVERNING LAW. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of New Jersey.

32. SEVERABILITY. If any provision of this Agreement or its application is found to be invalid or unenforceable for any reason, it shall not impact the enforceability of the remaining provisions of this Agreement or the enforceability of the invalid provision when applied to other individuals, entities, or circumstances, and such provision will instead be enforced to the maximum extent permitted by law.

33. SUCCESSORS AND ASSIGNS. The covenants, obligations, and conditions set forth in this agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors, and assigns.

34. DESCRIPTIVE HEADINGS. The descriptive headings in this Agreement are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of Landlord or Tenant.

35. CONSTRUCTION. The language used in this Agreement shall include, where appropriate, either gender or both, singular and plural forms.

36. NON-WAIVER. Any waiver, concession, or forbearance by Landlord shall not affect Tenant's obligations and liabilities under this Agreement.

37. MODIFICATION. This Agreement constitutes the full and complete understanding between the parties and may not be altered or amended in any manner except through a written agreement signed by both Landlord and Tenant. This clause does not limit Landlord’s right to propose reasonable changes at renewal as N.J.S.A. 2A:18-61.1(i) permits.

38. CRIME INSURANCE (MULTIPLE DWELLINGS). If the Premises is in a multiple dwelling: pursuant to N.J.S.A. 46:8-39, Landlord informs Tenant that the federal crime-insurance program formerly described in 12 U.S.C. 1749bbb et seq. is no longer in operation, and that information about the availability of crime insurance for tenants, if any, may be obtained from the New Jersey Insurance Underwriting Association (njiua.org). Landlord does not sell or arrange this insurance.

39. SECURITY CAMERAS. Landlord may operate video-only cameras in common areas and on the exterior of the building. Landlord shall not place cameras inside the Premises during the tenancy, and shall not record audio, except as Tenant requests in writing for Tenant’s own use. This clause does not authorize entry except under INSPECTION OF PREMISES; LANDLORD’S ACCESS.

40. WINDOW GUARDS. The following notice applies where the Premises is in a multiple dwelling subject to N.J.A.C. 5:10 and is not otherwise exempt.

WINDOW GUARD NOTIFICATION. PURSUANT TO N.J.A.C. 5:10-27.1, THE OWNER (LANDLORD) IS REQUIRED BY LAW TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE APARTMENT IF A CHILD OR CHILDREN 10 YEARS OF AGE OR YOUNGER IS, OR WILL BE, LIVING IN THE APARTMENT OR IS, OR WILL BE, REGULARLY PRESENT THERE FOR A SUBSTANTIAL PERIOD OF TIME IF THE TENANT GIVES THE OWNER (LANDLORD) A WRITTEN REQUEST THAT THE WINDOW GUARDS BE INSTALLED. THE OWNER (LANDLORD) IS ALSO REQUIRED, UPON THE WRITTEN REQUEST OF THE TENANT, TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE HALLWAYS TO WHICH PERSONS IN THE TENANT'S UNIT HAVE ACCESS WITHOUT HAVING TO GO OUT OF THE BUILDING. IF THE BUILDING IS A CONDOMINIUM, COOPERATIVE OR MUTUAL HOUSING BUILDING, THE OWNER (LANDLORD) OF THE APARTMENT IS RESPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN THE APARTMENT AND THE ASSOCIATION IS RESPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN HALLWAY WINDOWS. WINDOW GUARDS ARE ONLY REQUIRED TO BE PROVIDED IN FIRST FLOOR WINDOWS WHERE THE WINDOW SILL IS MORE THAN SIX FEET ABOVE GRADE OR THERE ARE OTHER HAZARDOUS CONDITIONS THAT MAKE INSTALLATION OF WINDOW GUARDS NECESSARY TO PROTECT THE SAFETY OF CHILDREN.

Where the law so permits, Tenant shall reimburse Landlord $ _____ for each window guard installed at Tenant’s written request, not to exceed the maximum charge permitted by N.J.A.C. 5:10-27 Appendix 27B (currently $20 per guard).

41. LEAD-BASED PAINT DISCLOSURE. This disclosure is applicable if the Premises was constructed prior to 1978:

(a)   Receipt of EPA Publication. Tenant acknowledges receiving the EPA publication, “Protect Your Family From Lead In Your Home.” In addition, a fully executed copy of the document “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been signed by both Tenant and Landlord, as well as any applicable real estate broker, and is attached to and incorporated as a part of this Agreement.

(b)   Lead-Based Paint Requirements in New Jersey. In compliance with the New Jersey Lead-Based Paint Inspection Law (N.J.S.A. 52:27D-437.16 et seq.), rental dwelling units built prior to 1978 must be inspected for lead-based paint hazards at the earlier of every three (3) years or upon tenant turnover, except that an inspection upon tenant turnover is not required where the unit has a valid lead-safe certification. A lead-safe certification is valid for three (3) years. Exemptions include units certified to be free of lead-based paint, units constructed in or after 1978, certain multiple dwellings registered with the Department of Community Affairs for at least ten (10) years with no outstanding lead-based paint violations from the two most recent cyclical inspections, single-family or two-family seasonal rental dwellings rented for less than six (6) months duration each year by tenants without consecutive lease renewals, and units with a valid lead-safe certification. The law requires municipalities to perform, or allows Landlord to directly hire a certified lead evaluation contractor to perform, inspections of single-family, two-family, and multiple rental dwellings for lead-based paint hazards. The type of inspection is determined by the lead levels in children in the municipality of the premises. Landlord must provide evidence of a valid lead-safe certification to new tenants at the time of tenant turnover and shall affix a copy of the certification as an exhibit to this Agreement. Unless the Premises is exempt, the certification is attached as the inspection exhibit, and Tenant acknowledges receipt of that exhibit. If the Premises is exempt, Landlord states the exemption basis on the inspection exhibit.

42. PRIVATE WELL TESTING. The following disclosure is applicable if the potable water source of the Premises is a private well for which testing is not mandated by any state law other than the Private Well Testing Act (N.J.S.A. 58:12A-26 to -37). Landlord is obligated to test the potable water supply at the property at least once every five (5) years pursuant to the Act. Within thirty (30) days of receiving the test results, Landlord shall provide Tenant with a written copy of the results. Landlord must provide a written copy of the most recent test results to any new tenant at the property. In the case of a property used or rented for seasonal purposes, Landlord must either post the test results in a readily visible location inside the property or provide Tenant with a written copy. “Seasonal use or rental” refers to use or rental for a term of not more than 125 consecutive days for residential purposes by someone who has a permanent residence elsewhere. By signing this Agreement, Tenant acknowledges receipt of a written copy of the test results or, in the case of a seasonal rental, acknowledges the posting of the test results within the Premises as the Act requires.

43. RETURN OF KEYS. Tenant shall return all keys, fobs, and access devices on surrender. Tenant shall pay the reasonable cost of re-keying or replacing any unreturned device, which Landlord may deduct from the Security Deposit as a charge expended under this Agreement.

44. NOTICE. Except where a statute or court rule prescribes a particular method of service, any notice required or permitted under this Lease shall be deemed sufficiently given or served if delivered personally or sent by United States certified mail, return receipt requested, addressed as stated in the Data Schedule:

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this section by written notice of the change to the other party. Notices for which the law prescribes a method — including security-deposit returns and itemized deduction statements (personal delivery, registered, or certified mail, N.J.S.A. 46:8-21.1), dishonored-payment demands (certified mail, N.J.S.A. 2A:32A-1), notices concerning abandoned personal property (N.J.S.A. 2A:18-73), notices to cease and notices to quit and related notices under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1, 2A:18-61.2), federal notices (including lead-based paint and, where the Premises is a covered property, the CARES Act, 15 U.S.C. 9058(c)), window-guard notices (N.J.A.C. 5:10-27.1(d)), and any method a municipality or court rule prescribes — and eviction process shall be given by the method the law requires. The parties may provide a copy of any notice by e-mail as a courtesy; an e-mail is not effective delivery of any notice for which the law requires another method.

45. IDENTITY OF LANDLORD AND AGENTS (N.J.S.A. 46:8-27 ET SEQ.). Landlord provides the following registration information:

OWNER(S) NAME(S) AND ADDRESS(ES)

_____

RECORD OWNER OF THE RENTAL BUSINESS (IF DIFFERENT)

_____

ALL GENERAL PARTNERS (PARTNERSHIP)

_____

OFFICERS AND PRINCIPALS (CORPORATION/ENTITY)

_____

REGISTERED AGENT AND ADDRESS

_____

AGENT FOR SERVICE OF PROCESS

_____

IN-COUNTY AGENT (IF OWNER OUT-OF-COUNTY)

_____

MANAGING AGENT

_____

MAINTENANCE PERSONNEL

_____

SUPERINTENDENT/JANITOR (INCL. DWELLING-UNIT NUMBER)

_____

EMERGENCY REPRESENTATIVE (NAME, ADDRESS, PHONE)

_____

HOLDER(S) OF EVERY RECORDED MORTGAGE

_____

FUEL-OIL DEALER AND GRADE (IF OIL HEAT)

_____

Where required by law, Landlord has filed or will file the registration statement with the clerk of the municipality (one- or two-family non-owner-occupied premises) or with the Bureau of Housing Inspection (premises of three or more units), will give a copy to each tenant, and will post it in a place in the building where it can be easily seen.

46. DOMESTIC VIOLENCE TERMINATION POLICY (N.J.S.A. 46:8-9.4 TO -9.7). Under the New Jersey Safe Housing Act, a tenant who asserts that the tenant or the tenant’s child faces an imminent threat of serious physical harm from a specific person if the tenant remains on the premises may terminate this Agreement without penalty by written notice accompanied by one of the documents the Act authorizes (a permanent restraining order, a law-enforcement record, medical documentation, or the certification of a certified domestic violence specialist, a designated agency, or a licensed social worker). Termination takes effect on the thirtieth day following Landlord’s receipt of the notice and documentation; Rent is prorated to the termination date; and the Security Deposit is handled on the accelerated schedule the Act provides. A co-tenant’s obligations terminate as provided by the Act. Landlord shall not disclose information documenting domestic violence except as the law permits.

47. DEATH OR DISABILITY OF TENANT. For purposes of N.J.S.A. 46:8-9.1, this Agreement explicitly provides otherwise: the death of a Tenant does not terminate this Agreement; the tenancy continues, and the Tenant’s estate remains responsible as provided by law. A Tenant claiming early termination under N.J.S.A. 46:8-9.2 shall deliver the written notice and every document that statute requires. Termination, if the statutory conditions are met, takes effect on the fortieth day after Landlord’s receipt; Rent is paid to that date; possession is delivered at least five working days before that date. Landlord shall not engage in self-help entry or removal; possession is recovered only through legal process. Nothing in this clause limits any non-waivable duty to make a reasonable disability accommodation under the Fair Housing Act or the New Jersey Law Against Discrimination, including as to accessibility of the Premises.

48. FEDERAL RIGHTS SAVINGS. Nothing in this Agreement limits (a) the rights of a servicemember under the Servicemembers Civil Relief Act, including lease-termination and eviction protections (50 U.S.C. 3955, 3951); (b) any right of a tenant of a covered property under the CARES Act to a thirty (30) day notice to vacate (15 U.S.C. 9058(c)); or (c) any protection under the Violence Against Women Act applicable to the tenancy.

Landlord indicates the Premises ☐ is ☐ is not a CARES Act covered property (a property with a federally backed mortgage loan or federally backed multifamily mortgage loan, or one participating in a covered housing program).

49. TRUTH IN RENTING. The following disclosure applies to tenants who have a rental agreement for a minimum of one (1) month and reside in multi-unit buildings containing more than two (2) dwelling units, or more than three (3) if the landlord resides in one of the units (hotels, motels, and other guest houses serving transient or seasonal guests excepted): Tenant acknowledges receipt of the Truth in Renting information required to be provided by New Jersey law (N.J.S.A. 46:8-45).

50. RENT CONTROL / RENT LEVELING.

☐ NEW-CONSTRUCTION RENT CONTROL EXEMPTION (check only if applicable). If checked, the Premises is in a newly constructed multiple dwelling exempt from municipal rent control or rent leveling under N.J.S.A. 2A:42-84.1 et seq. for the period stated in that law (not to exceed the amortization period of the initial mortgage or thirty (30) years from completion of construction, whichever is shorter), Landlord has given Tenant the separate written notice of exemption that law requires before Tenant signed this Agreement, and Landlord has filed the owner’s claim of exemption with the municipal construction official as N.J.S.A. 2A:42-84.4 requires. If not checked, this clause does not apply.

51. ADDENDA. The terms set forth in the attached addenda or riders are made a part of this Agreement:

☐ Flood Risk Notice rider

☐ Federal lead-based paint disclosure form and EPA pamphlet

☐ the inspection exhibit — Lead-Safe Certificate

☐ Steam-radiator notice rider

☐ Landlord Rules and Regulations

☐ Other: _____

52. ADDITIONAL PROVISIONS; DISCLOSURES.

Additional provisions

_____

Additional disclosures

_____

53. FLOOD RISK AND FLOOD INSURANCE. Flood insurance may be available to renters through FEMA’s National Flood Insurance Program to cover your personal property and contents in the event of a flood. A standard renter's insurance policy does not typically cover flood damage. You are encouraged to examine your policy to determine whether you are covered. Where required by N.J.S.A. 46:8-50, Landlord has provided to each Tenant, before the signing of this Agreement, the separate Flood Risk Notice rider, individually signed or otherwise acknowledged by each Tenant and attached to this Agreement.