New Jersey Rent Increase Laws: What Is & Isn’t Legal (2024)

Last Updated: January 6, 2023 by Ashley Porter

Does New Jersey Have Rent Control?

New Jerseydoes not have statewide rent controllaws limiting the amount that landlords may ask for rent, but state law allows local governments to establish their own rent control laws.

How Much Can a Landlord Raise Rent By in New Jersey?

By New Jersey state law, landlords can raise the rent byany amountthat they wish. There is no statewide limit or cap on the amount of a rent increase, but it must be reasonable.

Over 100 cities have enacted their own limitations on rent increases, including:

• Atlantic City– Based on the Consumer Price Index
• Edison– No more than 5%
• Elizabeth– 3%, but no more than $20
• Jersey City– Based on Consumer Price Index, but no more than 4%
• Lakewood– 5% if tenant pays for heating, 6.5% if landlord pays for heating
• Newark– Based on Consumer Price Index, but no more than 4%
• Paterson– 5%, but no more than 3.5% for seniors and disabled tenants

The New Jersey Department of Community Affairs provides a more comprehensivesummary of rent control ordinancesby city.

When Can a Landlord Raise Rent in New Jersey?

In New Jersey, landlords can raise the rent for any reason as long as they give proper notice, don’t do so during the fixed term of a lease (unless the lease allows for it), and aren’t doing so for certain discriminatory or retaliatory reasons.

When Can’t a Landlord Raise Rent in New Jersey?

In New Jersey, landlords cannot raise the rent during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement), for certain discriminatory reasons (like race or age), or for certain retaliatory reasons (such as in response to a tenant requesting repairs).

The Federal Fair Housing Act prohibits discrimination due to:

• Age
• Race
• Gender (including gender identity)
• Sexual orientation
• Religion
• Nationality or origin
• Familial status
• Disability

New Jersey law also prevents landlords from increasing rent in retaliation. In an eviction request, the landlord may be required to demonstrate that the rent increase was not motivated by retaliation.

Rent increases are considered retaliatory if they are in response to a tenant:

• Filing a complaint with the appropriate agency regarding the health or safety of the property
• Attempting to exercise their rights under the lease agreement or law
• Joining or organizing a tenants’ group or union
• Requesting repairs

How Much Notice is Needed to Raise Rent in New Jersey?

New Jersey state law requires that landlords giveone month’s notice before increasing rent unless the lease specifies a longer period. The notice must be sent by either:

• Hand-delivery to the tenant or a member of their family over 14 years old
• Certified mail
• Regular mail (if the certified letter is not claimed)

Cities with local rent control ordinances may require a longer period of notice, like Edison, where 60 days’ notice is required.

How Often Can Rent Be Increased in New Jersey?

By New Jersey state law, landlords can increase the rent as often as they wish, as long as sufficient notice is provided each time. However, many cities with local rent control ordinances have a limitation on the frequency of rent increases (e.g. once per year in Elizabeth).