Leaving A Lease Early
N.J.S.A. 46:8-9.6 — a victim of domestic violence may end a lease on written notice, effective the thirtieth day
A tenant may end a residential lease early by giving the landlord written notice that the tenant or the tenant's child faces an imminent threat of serious physical harm from another named person if the tenant stays, together with any one of these:
- A certified copy of a permanent restraining order, from a New Jersey court or another jurisdiction, protecting the tenant from that person.
- A law enforcement agency record documenting the domestic violence, or certifying that the tenant or child is a victim.
- Medical documentation of the domestic violence from a health care provider.
- A certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency.
- Other documentation or certification from a licensed social worker.
When it ends. The lease ends on the thirtieth day after the landlord receives the notice, unless the two agree on an earlier date, and rent is paid pro rata up to then. Any co-tenants' lease ends too; they may sign a new lease at the landlord's option, or hold over if the landlord permits. The tenant has to act in good faith and meet every requirement.
The landlord may not disclose the documentation or enter it into a shared database. It may be used as evidence in an eviction or a suit for rent or damages from the tenancy, with the tenant's consent, or as the law otherwise requires. A lease cannot waive any of these rights. They do not apply to a seasonal rental of not more than 125 consecutive days.
| Other grounds for ending a lease of one or more years | What the notice includes |
|---|---|
| Other grounds for ending a lease of one or more yearsThe death of the tenant or the tenant's spouse | What the notice includesNotice from the tenant, the executor or administrator, or the surviving spouse on a joint lease |
| Other grounds for ending a lease of one or more yearsA disabling illness or accident of the tenant or spouse | What the notice includesA treating physician's certification of inability to work, proof of lost income, and proof that other benefits cannot cover the rent |
| Other grounds for ending a lease of one or more yearsAcceptance into assisted living, a nursing home or a continuing care community, where one of them is 62 or older | What the notice includesA treating physician's certification of need, and proof of acceptance |
| Other grounds for ending a lease of one or more yearsAcceptance into low or moderate income housing, where one of them is 62 or older | What the notice includesA lease or intent to lease from the housing sponsor |
| Other grounds for ending a lease of one or more yearsA home not accessible to a household member with a disabling illness or accident | What the notice includesA physician's certification that it is not temporary, and a statement that the landlord was asked to make it accessible and was unable or unwilling |
On those grounds the lease ends on the fortieth day after the landlord receives the written notice, rent is paid up to then, and the tenant vacates and turns over possession at least five working days before that day. The ground of death does not apply where the lease explicitly provides otherwise.
Public housing and leases under a publicly funded housing assistance contract follow their own notice rules. What a landlord can recover from a tenant who leaves early on other grounds is not covered here.
Sources for this section (8)
- N.J.S.A. 46:8-9.6 — Termination of a lease by a victim of domestic violence
- N.J.S.A. 46:8-9.7 — Effective date of the termination, and co-tenants
- N.J.S.A. 46:8-9.11 — Disclosure of domestic violence information by the landlord prohibited
- N.J.S.A. 46:8-9.9 — Rights and remedies may not be waived
- N.J.S.A. 46:8-9.12 — Seasonal rentals excluded
- N.J.S.A. 46:8-9.8 — Notice for public housing and assisted leases
- N.J.S.A. 46:8-9.1 — Termination of a lease on death
- N.J.S.A. 46:8-9.2 — Termination of certain residential leases due to disability
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.