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    New Jersey Late Fee Law

    New Jersey has no statute capping residential late fees. State law requires a grace period of 5 days before a late fee can be charged.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    New Jersey late fee law at a glance

    What New Jersey law says

    Is there a limit on late fees in New Jersey?

    New Jersey has no statewide cap on residential late fees, but the fee must be stated in the lease and courts treat it as rent in eviction cases only when the lease says so (DCA Truth in Renting, pp. 2–3) (NJ DCA, Truth in Renting (rev. Aug. 2025), pp. 2–3 and 18–19).

    Does New Jersey require a grace period before a late fee?

    Only tenants who are seniors receiving Social Security or equivalent government pensions, or who receive SSDI, SSI or Work First New Jersey benefits, and whose rent is due on the 1st, get a statutory 5-business-day grace period before a late fee; other New Jersey tenants have no statutory grace period (N.J.S.A. 2A:42-6.1, -6.3).

    How much notice must a New Jersey landlord give for unpaid rent?

    New Jersey requires no notice to quit before filing an eviction for unpaid rent; the Anti-Eviction Act exempts nonpayment from its written-demand rule, though federally subsidized tenancies need a 14-day notice (N.J.S.A. 2A:18-61.1(a), 2A:18-61.2).

    How New Jersey compares

    31 of 51 verified jurisdictions set no statutory cap. 4 require a longer grace period than 5 days.

    None of New Jersey's 3 neighbors follows the same rule.

    Late-fee cap · grace periodStates
    No state cap · 5 daysNew Jersey
    5% of rent · 5 daysDelaware
    Statutory formula · 5 daysNew York
    No state cap · nonePennsylvania

    Local rules in New Jersey

    Many New Jersey municipalities have rent control or rent leveling ordinances, which can add rules on rent increases and sometimes late fees.

    Other New Jersey rules

    Security deposit limit1.5 months' rent (with exceptions)N.J.S.A. 46:8-21.2, NJ DCA, Truth in Renting (rev. Aug. 2025), p. 12, citing N.J.S.A. 46:8-21.2 and 46:8-26, N.J.S.A. 46:8-26
    Deposit return deadline30 days after the lease endsN.J.S.A. 46:8-21.1, NJ DCA, Truth in Renting (rev. Aug. 2025), pp. 13–14, citing N.J.S.A. 46:8-21.1
    Entry notice24 hours' noticeN.J.A.C. 5:10-5.1(c)
    Rent-increase notice30 days (Fixed-term leases: no increase mid-term; the old lease must end and a new lease at the higher rent be offered. Municipal rent control ordinances may impose longer notice or limit the amount)N.J.S.A. 2A:18-61.1(f), N.J.S.A. 2A:18-56, NJ DCA, Truth in Renting
    Month-to-month termination30 days (either side)N.J.S.A. 2A:18-61.1, N.J.S.A. 2A:18-56, N.J.S.A. 2A:18-61.2

    Read the New Jersey law

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