New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
HOLD OVER TENANT DOUBLE RENT
N.J.S.A. 2A:42-5 and 2A:42-6
Printed February 2008
2A:42-5. Holding over by tenant after giving notice of quitting; double rent recoverable
If a tenant of real estate shall give notice of his intention to quit the premises by him held at a
time specified in such notice, and shall not deliver up the possession of such real estate at the
time specified in the notice, such tenant, his executors or administrators, shall, from such time,
pay to his landlord or lessor, his heirs or assigns, double the rent which he should otherwise have
paid, to be levied, sued for and recovered at the same times and in the same manner as the single
rent before the giving of such notice could be levied, sued for and recovered. Such double rent
shall continue to be paid during all the time such tenant shall continue in possession after the
giving of such notice.
2A:42-6. Willful holding over by tenant after expiration of term; notice to deliver
possession; penalty