New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
HABITABILITY BULLETIN
Updated September 2022
This bulletin provides basic information about the responsibilities of landlords and tenants for
maintaining rental units. Many citizens of the State reside in dwelling units that fail to meet
minimum standards of safety and sanitation. Tenants have a right to safe, sanitary and habitable
housing in New Jersey. This bulletin is for informational purposes only and should not be used
for legal interpretations or legal advice. Please consult an attorney for legal services and advice
when necessary.
Habitability
Tenants have the right to safe, sanitary and decent housing. Residential leases carry an “implied
warranty of habitability.” This means that a landlord has a duty to maintain the rental unit and
keep it fit for residential purposes throughout the entire term of the lease and that the landlord
must repair damage to vital facilities. The tenant is responsible for maintaining and returning the
property to the landlord in the same condition that the tenant received it, except for normal wear
and tear.
Note: Where damage has been caused by malicious or abnormal use by the tenant, the tenant
is responsible for the repair.