New Jersey Department of Community Affairs
Division of Codes and Standards
Landlord-Tenant Information Service
LEASE TERMINATION DUE TO DISABLING
ILLNESS, ACCIDENT OR DEATH LAW
N.J.S.A. 46:8-9.1 through N.J.S.A. 46:8-9.3
Printed February 2008
46:8-9.1 Termination on death
Any lease for a term of one or more years of a property that has been leased and used by the
lessee solely for the purpose of providing a dwelling place for himself, or for himself and his
family, may be terminated prior to the expiration date thereof, in the event of the death of such
lessee or in the event of the death of such lessee or his spouse, as the case may be, upon notice
duly given by such lessee or by the executor or administrator of his estate or by the surviving
spouse in the event that such lease was executed jointly by husband and wife. Such termination
shall take effect on the fortieth day following the receipt by the lessor of written notice thereof,
and the rent shall be paid up to the time of such termination, whereupon the lease shall cease and
come to an end. The property shall be vacated and possession shall be turned over to the lessor
at least five working days prior to the fortieth day following receipt by the lessor of written
notice. The provisions of this act shall not apply to any lease the terms whereof shall explicitly
provide otherwise.
L. 1971, c. 318, s. 1. Amended by L. 1971, c. 445, s. 1, eff. Feb. 15, 1972; L. 1985, c. 317, s. 2, eff. Aug. 28, 1985.
46:8-9.2 Termination of certain residential leases due to disability.