The NJAR 125 7 12 form is a comprehensive residential lease agreement template provided by the New Jersey Association of Realtors®, designed to outline the rental arrangement between a landlord and tenant. It covers various aspects of the lease, such as terms, payments, deposits, and rights and responsibilities of both parties to ensure a clear and legally binding agreement. If you are preparing to enter into a residential lease in New Jersey, it's important to familiarize yourself with the contents of this form to protect your interests. Click the button below to initiate the process of filling out your form.
Embarking on the journey of leasing a residence in New Jersey introduces both landlords and tenants to the New Jersey Association of Realtors® Standard Form of Residential Lease, known as the NJAR 125 7 12. Crafted with legal meticulousness to safeguard the interests of both parties, this document outlines the comprehensive guidelines and stipulations for a residential lease agreement. Initially, it highlights the importance of the Attorney Review Clause, allowing either party to consult with legal counsel within three days of signing, thereby reinforcing the lease's legitimacy and ensuring informed consent. Each section is designed to establish clear terms regarding property details, rent specifications, security deposit conditions, and tenant and landlord responsibilities, such as maintenance, repairs, and utility payments. It emphasizes the tenants' rights to quiet enjoyment while restricting alterations and subletting without landlord approval. The lease also covers eventualities like property damage, liability concerns, and the protocols for lease renewal, ensuring a broad spectrum of scenarios are addressed. Notably, the document complies with New Jersey-specific legal requirements, including Megan's Law Registry acknowledgment and lead-based paint disclosures, making it an essential template for fostering clear, legally sound residential lease agreements in the state.
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NEW JERSEY ASSOCIATION OF REALTORS® STANDARD FORM OF
RESIDENTIAL LEASE
©2001 NEW JERSEY ASSOCIATION OF REALTORS®, INC.
THIS IS A LEGALLY BINDING LEASE THAT WILL BECOME FINAL WITHIN THREE BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THE LEASE. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS.
TABLE OF CONTENTS
1. CONDO/CO-OP RIGHT OF TERMINATION
17. ACCESS TO THE PROPERTY
33. ATTORNEY REVIEW CLAUSE
2. PROPERTY
18. NO ALTERATIONS OR INSTALLATION OF EQUIPMENT
34. BROKER'S COMMISSION
3. TERM
19. INSPECTION
35. LEAD-BASED PAINT DOCUMENT ACKNOWLEDGMENT
4. RENT
20. INSURANCE
36. WINDOW GUARD NOTIFICATION
5. INITIAL DEPOSIT
21. FIRE AND OTHER CASUALTY
37. MEGAN'S LAW STATEMENT
6. SECURITY DEPOSIT
22. LIABILITY OF LANDLORD & TENANT
38. CONSUMER INFORMATION STATEMENT
7. LATE PAYMENT PENALTY
23. PETS
ACKNOWLEDGMENT
8. ADDITIONAL RENT
24. NOTICES
39. DECLARATION OF LICENSEE BUSINESS RELATIONSHIP
9. POSSESSION AND USE
25. NO WAIVER
40. ACKNOWLEDGMENT OF TRUTH IN RENTING
10. UTILITIES
26. SEVERABILITY
STATEMENT
11. NO ASSIGNMENT OR SUBLETTING
27. RENEWAL OF LEASE
41. SMOKE DETECTORS, CARBON MONOXIDE ALARM AND
12. VIOLATION, EVICTION & RE-ENTRY
28. FURNITURE
PORTABLE FIRE EXTINGUISHER COMPLIANCE
13. DAMAGES
29. END OF TERM
42. PRIVATE WELL TESTING
14. QUIET ENJOYMENT
30. ASSOCIATION BYLAWS, RULES & REGULATIONS
43. MEGAN'S LAW REGISTRY
15. TENANT'S REPAIRS AND MAINTENANCE
31. BINDING
44. OTHER LEASE PROVISIONS
16. LANDLORD REPAIRS
32. ENTIRE AGREEMENT
RESIDENTIAL LEASE AGREEMENT
BETWEEN LANDLORD: ______________________________________________________________________________________
whose address is ______________________________________________________________________________________________
_____________________________________________________________________________________________________________
AND TENANT: ______________________________________________________________________________________________
The word “Landlord” as used in this Lease means all of the landlords above listed. In all instances in which the Landlord may exercise rights or perform obligations under this Lease, it may do so through its authorized agents or representatives.
The word "Tenant" as used in this Lease means all of the tenants above listed.
1.CONDOMINIUM/CO-OPERATIVE RIGHT OF TERMINATION: (The following statement generally, as required by law, must be included in a lease for a condominium or cooperative unit.) THIS BUILDING IS BEING CONVERTED TO OR IS A CON-
DOMINIUM 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.PROPERTY: The Tenant agrees to lease from the Landlord and the Landlord agrees to lease to the Tenant (the single family home) (apartment # ______) (condominium unit #______) (townhouse unit #______) having a street address of _________________________
_______________________________________________________________________ located in _____________________________
_____________________, New Jersey (referred to as the “Property”).
3.TERM: The Term of this Lease is for _________________________________________________ (months) (years) starting on
_____________________________________ and ending on __________________________________________. This is referred to as the “Term”. If the Landlord is unable to give possession of the Property to the Tenant on the first day of the Term, the Landlord shall not have any liability to the Tenant. However, the Tenant shall not be liable for the payment of rent until the Landlord gives possession of the
Tenant's
Landlord's
NJAR® Form-125-7/12 Page 1 of 8
Initials: __________
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Property to the Tenant. If the Landlord fails to give possession of the Property within 30 days of the start date set forth above, then the Tenant may terminate this Lease by giving notice to Landlord. If the first day of the Term is delayed, then the last day of the Term shall be adjusted accordingly, so that the Term remains for the number of months or years above stated.
4.RENT: The rent for the Term of this Lease is $ ________________, to be paid as follows: $______________ per month, which is due on the ___________________________ day of each month. Rent shall be payable to: ____________________________________
____________________________________________________________________________________________________________.
(NAME AND ADDRESS)
5. INITIAL DEPOSIT: Tenant has paid an initial deposit of $ ________________ received on ____________________ that will
be credited towards ____________ the first month's rent or ____________ the Security Deposit. The balance shall be paid as fol-
lows: First month's rent $__________________ Due on _______________________________________________, Security Deposit
$_______________________ Due on ________________________________________________________.
6. SECURITY DEPOSIT: Tenant shall pay to the Landlord the sum of $ _____________ (the “Security Deposit” which cannot
exceed one and one-half months rent) to assure that Tenant performs all of Tenant's obligations under this Lease. Landlord shall comply with the Rent Security Deposit Act (N.J.S.A. 46:8-19 et seq.; the “Act”). This includes depositing the Security Deposit into a banking institution or investment company in New Jersey and notifying the Tenant in writing within 30 days of Landlord's receipt of the Secu-rity Deposit of (i) the name and address of the banking institution or investment company; (ii) the type of account in which the Security Deposit is deposited or invested (for example, interest bearing or money market); (iii) the amount of the Security Deposit and (iv) the current rate of interest for the account. The Act also requires payment in cash to Tenant of all interest earned on the Security Deposit upon the anniversary date of this Lease or the renewal of the term of this Lease. At such time, or at the time of a change in the type of account or a change in the banking institution or investment company, Landlord shall again notify Tenant of (i) the name and address of the banking institution or investment company; (ii) the type of account in which the Security Deposit is deposited or invested; (iii) the amount of Security Deposit and (iv) the current rate of interest for the account. Such a notice shall also be given to Tenant within 30 days after conveyance of the Property.
The Landlord may deduct from the Security Deposit any costs resulting from the Tenant's failure to comply with any of the terms of this Lease. If the Landlord makes any such deductions, then upon demand, the Tenant shall promptly restore the Security Deposit to its original amount. The Security Deposit may not be used by the Tenant for the payment of rent without the written consent of the Landlord.
The Landlord shall inspect the Property after the Tenant vacates at the end of the Term. Within 30 days of the termination of this Lease, the Landlord shall return the Security Deposit plus the undistributed interest to the Tenant, less any charges expended by the Landlord for damages to the Property resulting from the Tenant's occupancy. The interest and deductions shall be itemized in a statement by the Landlord, and shall be forwarded to the Tenant with the balance of the Security Deposit by personal delivery, registered or certified mail.
If the Landlord sells or transfers the Property during the Term of this Lease, the Landlord will transfer the Security Deposit plus the undistributed interest to the new owner. Landlord shall notify the Tenant of the sale and transfer, as well as the name and address of the new owner. The notice shall be given by registered or certified mail within five days after conveyance of title. After acquisition of the Property, the new owner shall have all responsibility regarding the Security Deposit, and the Landlord shall have no further responsibility.
7. LATE PAYMENT PENALTY: If the Tenant does not pay the rent by the ___________ day of the month, the Tenant shall pay a
late charge of _____________ until the rent is received by Landlord. The late charge shall be added to the rent, and shall be considered as
additional rent, which is defined in Section 8. In the event any rent check is returned unpaid due to insufficient funds, the Tenant agrees to pay the Landlord a $__________________ processing charge. In such event, the Landlord reserves the right to demand that future rent
payments be made in cash, bank or certified check.
8. ADDITIONAL RENT: Landlord may perform any obligations under this Lease which are Tenant's responsibility and which Tenant fails to perform. The cost to Landlord for such performance may be charged to TENANT as "additional rent" which shall be due and payable with the next installment of monthly rent. The additional rent may include reasonable attorney's fees incurred by Landlord because of Tenant's failure to perform under this Lease. Landlord has the same rights against Tenant for failure to pay additional rent as Landlord has for Tenant's failure to pay monthly rent. This means that the Landlord may evict Tenant for failure to pay additional rent.
9. POSSESSION AND USE: The Landlord shall give possession of the Property to the Tenant for the Term of this Lease except as otherwise provided in this Lease. The Tenant shall occupy the Property only as a private residence, and will not use the Property for any business, trade or profession. The Tenant shall not store any flammable, dangerous or hazardous materials at the Property, other than ordinary household cleaning materials. The Property shall not be allowed to be vacant for any extended period of time.
10. UTILITIES: The Tenant shall arrange to have the utilities transferred into Tenant's name prior to occupancy, and shall be respon-
sible for paying the following utility services:
Gas
Electric
Water
Heat
Sewer
General Trash Disposal
(Other) ___________________________________________________________________.
The Landlord shall provide and pay for the following utility services:
NJAR® Form-125-7/12 Page 2 of 8
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(Other) ______________________________________________________________. The Tenant agrees
not to waste or unreasonably use any utility or appliance that is provided by the Landlord. Landlord shall not be responsible for any dam- age or loss caused to Tenant or Tenant's property because of an interruption in utility services over which Landlord has no reasonable means of control. Any such interruption shall not be grounds for Tenant to reduce or stop paying rent.
11.NO ASSIGNMENT OR SUBLETTING: The Tenant may not assign this Lease, sublet all or any part of the Property, or permit any other person to use the Property without the prior written permission of the Landlord. The Landlord may withhold such permission in Landlord's sole and absolute discretion.
12.VIOLATION, EVICTION AND RE-ENTRY: The Landlord reserves the right of re-entry. This means that if the Tenant violates the terms of this Lease, the Landlord may terminate this Lease and regain possession of the Property. This is done by a court proceed- ing known as an eviction. A complaint is served upon the Tenant and the Tenant must appear in court. The Landlord may also evict the Tenant for any other cause which is permitted by applicable law. When the eviction proceeding is concluded, the Landlord may regain possession of the Property.
13.DAMAGES: The Tenant is liable for all Landlord's damages caused by Tenant's breach of this Lease. Such damages may include loss of rent, the cost of preparing the Property for re-renting, brokerage commission in finding a new tenant as a result of Tenant's eviction or Tenant moves out prior to the end of the Term as well as reasonable attorney's fees and court costs.
14.QUIET ENJOYMENT: The Tenant may occupy the Property without interference, subject to Tenant's compliance with the Terms of this Lease.
15.TENANT'S REPAIRS AND MAINTENANCE: The Tenant shall:
(a)Pay for all repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, which includes but is not limited to sewer and plumbing drainage problems caused by the Tenant.
(b)Keep and maintain the Property in a neat, clean, safe and sanitary condition.
(c)Cut the grass and maintain the shrubbery.
(d)Drive and park vehicles only in designated areas, if any.
(e)Take good care of the Property and all equipment, fixtures, carpeting and appliances located in it.
(f)Keep the furnace clean, and regularly change the furnace filters, if applicable.
(g)Keep nothing in the Property which is flammable, dangerous or which might increase the danger of fire or other casualty.
(h)Promptly notify the Landlord of any condition which requires repairs to be done.
(i)Use the electric, plumbing and other systems and facilities in a safe manner.
(j)Promptly remove all garbage and recyclables from the Property and place it at the curb (or other designated area) in the proper containers in accordance with the prescribed pick-up schedule.
(k)Not engage in any activity which may cause a cancellation or an increase in the cost of the Landlord's insurance coverages.
(l)Use no more electricity than the receptacles, wiring or feeders to the Property can safely carry.
(m)Obey all instructions, written or otherwise, of the Landlord for the care and use of appliances, equipment and other personal prop- erty.
(n)Do nothing to destroy, deface or damage any part of the Property.
(o)Promptly comply with all orders and rules of the Board of Health or any other governmental authority which are directed to the Tenant.
(p)Do nothing which interferes with the use and enjoyment of neighboring properties.
(q)Do nothing to cause any damage to any trees or landscaping on the Property.
(r)Keep the walks and driveway free from dirt, debris, snow, ice and any hazardous objects.
(s)Comply with such rules and regulations that may be published from time to time by the Landlord.
16.LANDLORD REPAIRS: The Landlord shall make any necessary repairs and replacements to the vital facilities serving the Property, such as the heating, plumbing and electrical systems, within a reasonable time after notice by the Tenant. The Tenant may be liable for the cost of such repairs and replacements pursuant to Section 15. The Landlord shall not be liable for interruption of services or inconvenience resulting from delays in making repairs or replacements if due to circumstances beyond Landlord's reasonable control.
17.ACCESS TO THE PROPERTY: The Landlord shall have access to the Property on reasonable notice to the Tenant in order to
(a)inspect the interior and exterior of the Property, (b) make necessary repairs, alterations, or improvements, (c) supply services, and (d) show it to prospective buyers, appraisers, contractors or insurers. The Landlord may enter the Property without prior notice in the event of an emergency or if the Tenant is not home for more than seven consecutive days. If this Lease is not renewed as per Section 27 of this Lease Agreement, Landlord shall then be allowed access to the Property at any time prior to the end of the Term for showing of Property to prospective tenants.
NJAR® Form-125-7/12 Page 3 of 8
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18.NO ALTERATIONS OR INSTALLATION OF EQUIPMENT: The Tenant may not alter or change the Property without first obtaining Landlord's written consent. By way of example, the Tenant may not:
(a)Install any improvement such as carpeting, paneling, floor tiles, or any other improvement which is nailed or tacked down, cemented or glued in;
(b)Install any locks or chain guards;
(c)Wallpaper, affix wall coverings or other permanent type decorations;
(d)Install or change the electrical, plumbing, heating or air cooling system.
When painting (whether interior or exterior), the Tenant must have the Landlord's permission regarding paint colors. All painting must be done in a professional and workmanlike manner. The Tenant shall repair all walls and ceilings which had pictures or fixtures attached, prior to vacating. Any and all changes, additions or improvements made without the Landlord's written consent shall be removed by the Tenant on demand by the Landlord. The Property shall be in substantially the same condition at the end of the Term as it was at the begin- ning of the Term, reasonable wear and tear excepted.
All permitted changes, additions and improvements shall become the property of the Landlord when completed, shall be fully paid for by the Tenant, and shall remain as part of the Property at the end of the Term of this Lease, unless the Landlord demands that the Tenant remove them. The Tenant shall not allow any construction lien or other claim to be filed against the Property. If any such lien or claim is filed against the Property, the Tenant shall have it promptly removed.
19.INSPECTION: If the municipality requires a continued use inspection or certificate of occupancy prior to occupancy, the Land- lord shall be responsible for obtaining such inspections and certificates as well as making the necessary repairs.
20.INSURANCE: The Tenant shall be responsible for obtaining, at Tenant's own cost and expense, a tenant's insurance policy for the Tenant's furniture, furnishings, clothing and other personal property. The Tenant's personal property shall not be the responsibility of the Landlord, and will not be insured by the Landlord. The Tenant's insurance policy must also include liability coverage. Upon request, the Tenant shall periodically furnish Landlord with evidence of Tenant's insurance policy.
21.FIRE AND OTHER CASUALTY: Immediate notice shall be given by the Tenant to Landlord of any fire or other casualty which occurs at the Property. If the Property is uninhabitable, Tenant's obligation to pay rent shall cease until the time that the Property is re- stored by the Landlord. If only a part of the Property is uninhabitable, then the rent shall be adjusted proportionately.
If only part of the Property is damaged, the Landlord shall repair the Property within a reasonable period of time. Landlord shall not be obligated to repair or restore any improvements that Tenant has made to the Property.
Either party may cancel this Lease if the Property is so damaged by fire or other casualty that the property cannot be repaired within 90 days. The Landlord's determination in such regard shall be final, conclusive and binding on both parties.
The Lease shall end if the Property is totally destroyed. The Tenant shall pay rent to the date of destruction.
If the fire or other casualty is caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, the Tenant shall pay for all repairs and other damages.
22.LIABILITY OF LANDLORD AND TENANT: The Landlord is not legally responsible for any loss, injury or damage to any person or property unless such loss, injury or damage is directly caused by the Landlord's negligence. The Tenant is legally responsible for loss, injury or damage to any person or property caused by the negligence of the Tenant, the Tenant's family members, domestic em- ployees, guests or visitors.
23.PETS: No dogs, cats or other pets shall be permitted on the Property without the prior written consent of the Landlord, which the Landlord may withhold in the Landlord's sole and absolute discretion.
24.NOTICES: All notices given under this Lease must be in writing in order to be effective. Delivery of notices may not be refused. If any notice is refused, it shall be considered to have been effectively given. Notices shall be given by (a) personal delivery, or (b) certified mail, return receipt requested, unless applicable law requires a different means of notice. Notices to the Landlord shall be at the address on the first page of this Lease, and to the Tenant at the Property.
25.NO WAIVER: The Landlord's failure to enforce any obligation of the Tenant contained in this Lease in any one instance shall not prevent the Landlord from enforcing the obligation at a later time.
26.SEVERABILITY: If any term or condition of this Lease is contrary to law, the remainder of the Lease shall be unaffected and shall continue to be binding upon the parties.
NJAR® Form-125-7/12 Page 4 of 8
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27.RENEWAL OF LEASE: The Tenant must be offered a renewal of this Lease by the Landlord, unless the Landlord has good cause not to do so under applicable law. Reasonable changes may be included in the renewal Lease. Not less than ___________ days before the expiration of the Term of this Lease, the Landlord shall notify the Tenant of the proposed terms for the renewal Lease. Within
___________ days after the Tenant receives the Landlord's renewal notice, Tenant shall notify Landlord whether Tenant accepts or rejects the proposed renewal Lease. If the Tenant does not notify the Landlord of Tenant's acceptance, then the Landlord's proposal shall be con- sidered to have been rejected. If the Tenant does not accept the renewal Lease, the Tenant must vacate the Property at the end of the Term.
28.FURNITURE: If the Property is leased in furnished condition, or if the Landlord leaves personal property to be used by the Ten- ant, the Tenant shall maintain the furniture and furnishings in good condition and repair. A list of such items shall be attached to this Lease and signed by the Landlord and the Tenant.
29.END OF TERM: At the end of the Term, the Tenant shall (a) leave the Property clean, (b) remove all of the Tenant's property,
(c)repair any damage including that caused by moving, (d) make arrangements for final utility readings and pay all final utility bills and
(e)vacate the Property and return it with all keys to the Landlord in the same condition as it was at the beginning of the Term, except for normal wear and tear.
30.ASSOCIATION BYLAWS, RULES AND REGULATIONS: If Property is subject to any Association Bylaws
and Rules and Regulations, Tenant agrees to comply with such Association Bylaws and Rules and Regulations including any amendments.
31.BINDING: This Lease is binding on the Landlord and the Tenant and all parties who lawfully succeed to their rights and respon- sibilities.
32.ENTIRE AGREEMENT: This Lease contains the entire agreement of the Landlord and Tenant. No representations have been made by the Landlord or its real estate broker or agents except as set forth in this Lease. This Lease can only be changed in writing by an agreement signed by both the Landlord and the Tenant.
33.ATTORNEY REVIEW CLAUSE:
(1) Study by Attorney.
The Tenant or the Landlord may choose to have an attorney study this Lease. If an attorney is consulted, the attorney must complete his or her review of the Lease within a three-day period. This Lease will be legally binding at the end of this three-day period unless an attorney for the Tenant or the Landlord reviews or disapproves of the Lease.
(2) Counting the Time.
You count the three days from the date of delivery of the signed Lease to the Tenant and the Landlord. You do not count Saturdays, Sundays or legal holidays. The Tenant and the Landlord may agree in writing to extend the three-day period for attorney review.
(3) Notice of Disapproval.
If an attorney for the Tenant or the Landlord reviews and disapproves of this Lease, the attorney must notify the Broker(s) and the other party named in this Lease within the three-day period. Otherwise this Lease will be legally binding as written. The attorney must send the notice of disapproval to the Broker(s) by certified mail, by telegram, or by delivering it personally. The telegram or certified letter will be effective upon sending. The personal delivery will be effective upon delivery to the Broker's office. The attorney may also, but need not, inform the Broker(s) of any suggested revision(s) in the Lease that would make it satisfactory.
34.BROKER'S COMMISSION: The Broker's Commission is earned, due and payable upon signing of a fully executed Lease Agreement and satisfaction of the Attorney Review Period set forth in Section 33 of this Lease. The Commission shall be paid by the
Landlord in accord with previously executed Listing Agreement.
Tenant and shall be payable as follows: ________________________________________________________________________
___________________________________________________________________________________________________________
__________________________________________________________________________________________________________
Listing Broker
_______________________________________________________________
______________________________________
Address
Telephone #
NJAR® Form-125-7/12 Page 5 of 8
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Participating Broker
Commission
35. LEAD-BASED PAINT DOCUMENT ACKNOWLEDGMENT: (Applies to dwellings built before 1978)
The Tenant acknowledges receipt of the EPA pamphlet, “Protect Your Family From Lead In Your Home”. Moreover, a copy of the document entitled, “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been fully completed, signed by Tenant, Landlord and Broker(s) and is appended to and made a part of this Agreement.
36. WINDOW GUARD NOTIFICATION:
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, COOP- ERATIVE 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 RE- SPONSIBLE 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.
37. MEGAN'S LAW STATEMENT:
UNDER NEW JERSEY LAW, THE COUNTY PROSECUTOR DETERMINES WHETHER AND HOW TO PROVIDE NO- TICE OF THE PRESENCE OF CONVICTED SEX OFFENDERS IN AN AREA. IN THEIR PROFESSIONAL CAPACITY, REAL ESTATE LICENSEES ARE NOT ENTITLED TO NOTIFICATION BY THE COUNTY PROSECUTOR UNDER ME- GAN'S LAW AND ARE UNABLE TO OBTAIN SUCH INFORMATION FOR YOU. UPON CLOSING, THE COUNTY PROS- ECUTOR MAY BE CONTACTED FOR SUCH FURTHER INFORMATION AS MAY BE DISCLOSABLE TO YOU.
38.CONSUMER INFORMATION STATEMENT ACKNOWLEDGMENT: By signing below, the Landlord and Tenant acknowl- edge they received the Consumer Information Statement on New Jersey Real Estate Relationships from the brokerage firms involved in this transaction prior to the first showing of the Property.
39.DECLARATION OF LICENSEE BUSINESS RELATIONSHIP(S):
A. ________________________________________________________________________________________, (name of firm)
AND _________________________________________________________________________________ (name(s) of licensee(s))
AS ITS AUTHORIZED REPRESENTATIVE(S) ARE WORKING IN THIS TRANSACTION AS (choose one)
LANDLORD'S AGENTS TENANT'S AGENTS DISCLOSED DUAL AGENTS TRANSACTION BROKERS.
B. INFORMATION SUPPLIED BY _________________________________________________________(name of other firm)
HAS INDICATED THAT IT IS OPERATING IN THIS TRANSACTION AS A (choose one)
LANDLORD'S AGENT ONLY TENANT'S AGENT ONLY DISCLOSED DUAL AGENT TRANSACTION BROKER.
40.ACKNOWLEDGMENT OF TRUTH IN RENTING STATEMENT: (Applies to all Tenants with a rental term of at least one month living in residences with more than two dwelling units or more than three if the Landlord occupies one.) By signing below, Tenant acknowledges receipt of the booklet, “Truth In Renting - A guide to the rights and responsibilities of residential tenants and landlords in New Jersey”.
41.SMOKE DETECTORS, CARBON MONOXIDE ALARM AND PORTABLE FIRE EXTINGUISHER COMPLIANCE: The Certificate of smoke detectors, carbon monoxide alarm and portable fire extinguisher compliance (CSDCMAPFEC), as required by law, shall be the responsibility of the Landlord. If such alarms are battery operated, the Tenant shall be responsible for their maintenance.
42.PRIVATE WELL TESTING: (This section is applicable if the Property's potable water supply is provided by a private well for which testing of the water is not required by any State law other than the Private Well Testing Act (the “Act” - N.J.S.A. 58:12A-26 to 37). By March 14, 2004, and at least once every five years thereafter, the Landlord is required to test the potable water
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supply for the Property in accordance with the Act. Within thirty (30) days after receiving the test results, the Landlord shall provide a written copy thereof to the Tenant. Also, the Landlord is required to provide a written copy of the most recent test results to any new tenant at the Property. If the Property is for “seasonal use or rental,” the Landlord shall either post the tests results in a readily visible location inside of the Property or provide a written copy thereof to the tenant. A “seasonal use or rental” means use or rental for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. By signing below, Tenant acknowledges receipt of a written copy of the test results, or in the case of a seasonal rental, if it has not received the test results, acknowledges the posting thereof inside of the Property in accordance with the Act.
43.MEGAN'S LAW REGISTRY: Buyer is notified that New Jersey law establishes an Internet Registry of Sex Offenders that may be accessed at www.njsp.org.
44.OTHER LEASE PROVISIONS, IF ANY:
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WITNESS:
_____________________________________________
________________
Landlord
Date
Tenant
NJAR® Form-125-7/12 Page 8 of 8
THIS PAGE SHOULD BE KEPT SEPARATE FROM THE LEASE
VERIFICATION OF VERBAL WINDOW GUARD NOTIFICATION
This will verify that the below window guard notification was provided verbally at the time of lease signing to the undersigned tenant by the owner, lessor, agent, or other person who manages or controls the unit (“owner/representative”) and that the tenant was made aware of his/her right to request installation of window guards and understands this notification.
WINDOW GUARD NOTIFICATION:
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.
DATED : ______________
___________________________________________________________________
TENANT (SIGNATURE)
TENANT (PRINT NAME)
OWNER/REPRESENTATIVE (SIGNATURE)
OWNER/REPRESENTATIVE (PRINT NAME )
NJAR® Veification Verbal- 7/12 copyright ©2012, New Jersey Association of REALTORS®, INC.
After you receive the NJAR-125 7/12 Residential Lease form, you're at the first step toward formalizing a rental agreement. This document outlines the terms between a landlord and tenant for a residential property lease in New Jersey. It is a critical document that ensures all conditions of the lease are clear and agreed upon. It's important to fill out this document carefully and accurately to prevent any misunderstandings or legal issues in the future. Following these step-by-step instructions will help ensure that you complete the form correctly.
After both parties sign and date the form, a legally binding lease agreement is created, establishing the terms of the rental arrangement. It’s important for both the landlord and tenant to retain a copy of this document for their records and reference during the lease term. This document not only formalizes the rental relationship but also serves as a vital reference in case of disputes or when seeking to understand the rights and responsibilities of each party.
What is the NJAR 125 7 12 form?
The NJAR 125 7 12 form is a standard residential lease agreement created by the New Jersey Association of Realtors®. It outlines the agreement between a landlord and a tenant for the lease of residential property in New Jersey. The form includes terms about rent, security deposit, utilities, and the rights and responsibilities of both parties.
Is the NJAR 125 7 12 lease legally binding?
Yes, once signed by both the landlord and the tenant, the NJAR 125 7 12 lease becomes a legally binding document. It has provisions that become final within three business days, allowing time for review by an attorney.
Can a tenant or landlord terminate the lease early?
Early termination of the lease depends on the conditions outlined in the lease agreement. There are clauses such as the Condominium/Co-operative Right of Termination that allow for termination under specific circumstances. Otherwise, early termination must be mutually agreed upon by both parties or fall under specific conditions allowed by law.
What happens if rent is paid late?
If rent is not paid by the date specified in the lease, the tenant incurs a late payment penalty. The document specifies the amount and conditions of this penalty. Continuous failure to pay rent can be grounds for eviction.
What is the security deposit, and how is it handled?
The security deposit is a sum of money paid by the tenant to assure compliance with the lease terms. Its use is regulated by the Rent Security Deposit Act in New Jersey. The landlord must deposit it into a banking institution or investment company within the state and notify the tenant about the details. It covers potential damages and, if there are none, should be returned to the tenant at the lease's end, along with an itemized statement and any unpaid interest.
Can the tenant make changes to the property?
Tenants cannot make alterations, installations, or modifications to the property without the landlord's prior written permission. This includes painting, changes to locks, and the installation of equipment or appliances. Any unauthorized changes must be restored to their original condition upon the landlord's demand.
What responsibilities do tenants have regarding maintenance and repairs?
Tenants are responsible for keeping the property in a clean, safe, and sanitary condition. They must pay for any repairs or damages caused by their neglect or actions. Specific responsibilities include maintenance of the lawn and garden, prompt garbage removal, and notifying the landlord of repairs.
How are utilities handled?
Utilities are typically the tenant's responsibility and must be transferred into the tenant's name before occupancy. The lease specifies which utilities are covered by the tenant and which, if any, are the landlord's responsibility. Any misuse or unnecessary waste of provided utilities may constitute a violation of the lease.
What is the attorney review clause?
The attorney review clause allows either the tenant or the landlord to have the lease reviewed by an attorney within three business days of signing. If the attorney disapproves of the lease, they must notify the broker(s) and the opposite party within this time frame. The lease only becomes legally binding if it is not disapproved within those three days.
Filling out the New Jersey Association of Realtors Standard Form of Residential Lease, known as the NJAR 125 7 12 form, requires attention to detail to avoid common mistakes. One frequent error is incorrect or incomplete filling of the "Residential Lease Agreement" section located at the beginning of the form. Here, entering complete and accurate information about both the landlord and tenant, including full names and addresses, is crucial for the lease's validity. Errors or omissions in this section can lead to misunderstandings or legal complications down the line.
Another common oversight occurs in the section detailing the "Property." Tenants and landlords often fail to precisely describe the leased property, neglecting to include specific unit numbers or incorrect property addresses. This mistake can lead to ambiguity about which property is being leased, especially in buildings with multiple units, and may complicate legal proceedings if disputes arise regarding the leased property's identification.
Underestimating the importance of the "Term" section is another mistake. This part of the lease establishes the duration of the agreement, specifying start and end dates. It's not unusual for individuals to incorrectly calculate the lease term's length or improperly note these dates, which can lead to disagreements about when the lease is supposed to conclude. An accurate record in this section helps ensure both parties have the same understanding of the lease's duration.
A critical yet frequently mishandled section is the "Security Deposit." This part mandates adherence to New Jersey's Rent Security Deposit Act. Errors here, such as not providing the tenant with the required banking information within 30 days or incorrectly handling the deposit, can lead to penalties for the landlord. It's imperative that landlords comply with the act's stipulations to avoid legal issues related to security deposit management.
The "Utilities" section is prone to misinterpretation or neglect. Here, specifying which utilities are tenant responsibilities and which are covered by the landlord is essential. Failing to clearly delineate this can result in disputes over utility payments. It's advisable for both parties to thoroughly review and agree upon this section to prevent misunderstandings regarding utility payments.
Lastly, the "Attorney Review Clause" is often overlooked. This clause allows either party to have the lease reviewed by an attorney within three business days. Not taking advantage of this review period or misunderstanding its terms can lead to entering into a legally binding agreement without fully grasping its implications. Tenants and landlords should consider utilizing this period to ensure the lease terms are fair and legally sound.
When parties engage in the leasing process, especially in states such as New Jersey, understanding the breadth of necessary documents alongside the NJAR® Form-125-7/12, the Standard Form of Residential Lease, is paramount. This form serves as the foundational agreement between a landlord and a tenant, setting forth their rights and responsibilities. However, to ensure a comprehensive and legally sound leasing transaction, additional forms and documents are often incorporated. These augmentations to the lease agreement are designed to address specific concerns, comply with legal requirements, or offer protections to both parties involved.
Together with the NJAR® Form-125-7/12, these documents form a toolkit that ensures a thorough and legally compliant agreement is reached between landlords and tenants, aiming to protect the interests of both parties and ensure a transparent and fair leasing process.
The New Jersey Association of Realtors® Standard Form of Residential Lease shares a number of similarities with various other legal documents that govern relationships and transactions. For instance, lease agreements in other states, while tailored to regional laws, fundamentally outline the responsibilities and rights of both landlords and tenants. These documents typically include terms concerning rent, security deposits, the term of the lease, property use restrictions, and procedures for renewals or terminations. Despite differences in jurisdiction-specific provisions, such as regulations surrounding security deposits, the overarching purpose remains consistent: to define the terms under which the property is rented and to protect the interests of both parties involved.
Another example is the commercial lease agreement. Though differing in focus—serving businesses rather than residential tenants—commercial leases include many parallel sections, such as rent, term, security deposits, and property use. However, they may additionally address more complex issues such as commercial build-outs, signage rights, and specifics about who covers the cost of maintenance and repairs of common areas. This highlights the versatility of lease structures in accommodating various types of tenancies while maintaining core legal principles.
Employment contracts also bear resemblance, specifically in their structuring and objective to delineate the terms of an agreement. Like residential leases, these contracts specify duration (or term of employment), compensation, duties, and conditions under which the contract may be terminated or renewed. Both document types are designed to preemptively address potential disputes and clarify the obligations and entitlements of each party.
Real estate purchase agreements feature similar clauses regarding the condition of the property, disclosure requirements, and terms of sale—mirroring lease agreements’ focus on the property’s use and maintenance responsibilities. While one culminates in ownership and the other in temporary occupancy, both involve detailed negotiations over property conditions and contingencies (such as financing or inspection results) that could affect the agreement's execution.
Rental applications, though not agreements, serve as preliminary steps to leasing. They collect applicant information for landlords to determine suitability, mirroring the early stages of many contractual agreements where parties assess one another’s qualifications. The information gathered—identifying details, financial stability, rental history—sets the stage for the lease agreement by ensuring the applicant meets the landlord’s criteria.
Roommate agreements, while perhaps less formal and not involving a landlord, share the purpose of defining terms of cohabitation in much the same way leases establish the landlord-tenant relationship. These agreements typically detail rent division, utility payments, house rules, and conflict resolution methods, underscoring the importance of clear terms and conditions in shared living situations.
Sublease agreements are directly related, designed for tenants needing to rent out their leased premises to someone else. These documents must align with the original lease terms while adding another layer of conditions specific to the sublease arrangement, such as the sublessee’s rights and the original tenant’s continued responsibilities. This demonstrates the adaptability of lease concepts to multi-tiered tenancy situations.
Homeowners association (HOA) agreements, while governing property ownership in communal living environments rather than rental situations, include conditions about property use, maintenance standards, and dispute resolution, analogous to residential lease clauses that dictate how tenants should care for and use rented property.
Mortgage agreements, by defining terms under which property buyers borrow money to purchase property, share with leases the essential function of detailing the rights and obligations related to real property. They cover conditions of the loan, repayment terms, and actions in case of default, highlighting the precision with which legal documents must address all eventualities in property-related transactions.
Lastly, property management agreements outline the responsibilities of managers in handling rental properties on behalf of landlords, including tasks like collecting rent, handling maintenance, and addressing tenant concerns. This shares the overarching theme of delegating rights and duties concerning property care and tenant relations, as seen in residential leases.
Across these documents, while specifics may vary according to the nature of the agreement and the parties involved, the foundational objective of clearly establishing and safeguarding the interests and responsibilities of all parties remains a common thread.
Filling out the NJAR® Form-125-7/12, a Standard Form of Residential Lease, requires attention to detail and a thorough understanding of the lease terms to ensure that both tenant and landlord rights are protected. Here are ten things you should and shouldn't do when completing this form:
By following these dos and don'ts, tenants and landlords can create a clear and fair residential lease agreement that reflects a mutual understanding of the lease terms and conditions. This careful approach can help prevent legal issues and promote a positive rental experience for both parties.
Exploring the New Jersey Association of Realtors® Standard Form of Residential Lease, commonly referred to by its file code NJAR 125 7 12, reveals several common misconceptions. Understanding these elements can empower both tenants and landlords in the leasing process.
Misconception 1: The lease is non-negotiable. Many assume that the terms of the NJAR 125 7 12 are set in stone. In truth, both parties have the opportunity to negotiate terms before signing. For instance, the Attorney Review Clause allows for attorney consultation, offering a window to review, dispute, or amend terms, ensuring the lease aligns with both parties' interests.
Misconception 2: Security deposits can be used for the last month’s rent. It's often believed that the security deposit can automatically be applied to the last month's rent. However, this form states that the security deposit is to assure tenant compliance with lease obligations, separate from rent payments. Usage of the deposit towards rent requires written consent from the landlord, maintaining the deposit's primary purpose as protection against potential damages or breach of lease terms.
Misconception 3: Pets are automatically permitted. A common misunderstanding is that renters can have pets regardless of lease specifications. The form clarifies that pets are only allowed with prior written consent from the landlord, empowering landlords to control pet occupancy based on property suitability and ensuring tenants understand pet policies from the outset.
Misconception 4: The lease does not cover utility payments. Some tenants and landlords might think the lease lacks specifics on utility obligations. Contrarily, the lease outlines which utilities are the tenant’s responsibility and which are covered by the landlord. This clear delineation prevents misunderstandings regarding utility payments, ensuring both parties are aware of their respective responsibilities.
Misconception 5: Maintenance and repairs are solely the landlord’s responsibility. There's a belief that tenants are not responsible for any property maintenance or repairs. The lease specifies areas where tenants are accountable, such as damage caused by negligence, maintenance of clean and safe conditions, and regular upkeep tasks. It delineates a shared responsibility, with the landlord handling vital facilities and the tenant addressing direct damage or neglect.
Understanding the NJAR 125 7 12 form is crucial for both landlords and tenants, ensuring a transparent, fair, and lawful agreement. Dispelling these misconceptions fosters better communication and expectations, leading to a harmonious leasing relationship.
Filling out and using the NJAR 125 7 12 form, which is a Standard Form of Residential Lease provided by the New Jersey Association of Realtors®, involves several key takeaways that ensure both landlords and tenants are fully aware of their rights and responsibilities. Here’s a list to keep in mind:
Legally Binding Agreement: Once signed, this lease becomes a legally binding agreement that is final within three business days, emphasizing the importance of understanding every section before signing.
Attorney Review Clause: The lease includes a provision for attorney review within three days of signing. This period allows either the landlord or tenant to consult with an attorney who can review and, if necessary, cancel the lease.
Security Deposit: The form outlines specific requirements for the security deposit, including the amount, which cannot exceed one and a half months' rent, and the requirement to store it in a New Jersey banking institution or investment company.
Rent and Additional Charges: The document clearly sets the monthly rent amount, due dates, late payment penalties, and circumstances under which additional rent charges may be incurred.
Utilities and Services: Responsibilities for utilities and services are clearly divided between the tenant and landlord, indicating which party is responsible for specific utility payments and services provided.
Maintenance, Repairs, and Alterations: It's specified that tenants must maintain the property in a clean and safe condition, make certain repairs, and not make alterations without the landlord’s written consent.
Property Inspection and Insurance: The lease requires the landlord to obtain necessary inspections and certificates, while the tenant must secure insurance for personal property and liability.
Possession and Use: The document stipulates conditions under which the landlord can access the property and the tenant's obligations to use the property solely as a private residence and not engage in any illegal activities.
End-of-Term Conditions: Specific conditions are outlined for what is expected of the tenant at the end of the lease term, including property condition, removal of possessions, and key return.
Understanding these key points ensures that both parties are well-informed of their obligations and rights, creating a fair and transparent landlord-tenant relationship. Always consult with a professional if any part of the lease agreement is unclear.
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