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Bergenfield is a dense, racially diverse borough of roughly 28,000 residents in Bergen County, where the majority of housing units are renter-occupied. Its proximity to New York City makes it a popular rental market, and tenants frequently search for information on rent increases, security deposit returns, and eviction protections. New Jersey provides some of the strongest statewide tenant protections in the nation, and those laws apply fully in Bergenfield.
Unlike many states, New Jersey does not preempt municipalities from enacting rent control, and dozens of New Jersey cities have done so. Bergenfield, however, has not adopted a local rent control ordinance, meaning landlords may raise rents between tenancies without a statutory cap — though the state's just-cause eviction law still protects tenants from retaliatory or pretextual lease non-renewals. The New Jersey Truth-in-Renting Act (N.J.S.A. 46:8-43 et seq.) requires landlords to provide tenants with a plain-language statement of their rights.
This page summarizes the laws and resources most relevant to Bergenfield renters. It is provided for informational purposes only and does not constitute legal advice. Renters facing specific legal issues should consult a qualified attorney or contact a legal aid organization.
Bergenfield Has No Rent Control Ordinance. New Jersey law does not preempt local rent control — municipalities are expressly authorized to adopt rent stabilization ordinances under the Local Rent Control Law, N.J.S.A. 2A:42-84.1 et seq. However, the Borough of Bergenfield has not enacted such an ordinance. As a result, there is no legal cap on how much a landlord may raise rent in Bergenfield, either during a tenancy or between tenancies.
In practice, this means a Bergenfield landlord can propose any rent increase at lease renewal. A tenant who refuses may face a non-renewal notice. Critically, however, any eviction — including a lease non-renewal — must still comply with New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1), which requires a specific just cause. A landlord cannot simply evict a tenant for refusing an unreasonable rent increase unless the increase is itself part of a legitimate non-renewal ground under the statute.
Tenants who believe a rent increase is being used as a pretext for retaliation — for example, after the tenant complained about habitability — should review N.J.S.A. 2A:42-10.10, which prohibits landlord retaliation, and consult Bergen County Legal Services.
Warranty of Habitability. Under N.J.S.A. 2A:42-85 through 2A:42-96 (the Rent Receivership Act) and the common-law implied warranty of habitability recognized in Marini v. Ireland (1970), every residential landlord in New Jersey must maintain the property in a safe, clean, and habitable condition. This includes functional heat, hot water, plumbing, electrical systems, and freedom from pest infestation. If a landlord fails to make required repairs after reasonable notice, tenants may pursue rent withholding, rent abatement, or repair-and-deduct remedies through the courts.
Anti-Retaliation Protections. N.J.S.A. 2A:42-10.10 prohibits a landlord from increasing rent, decreasing services, or attempting to evict a tenant in retaliation for the tenant reporting code violations, contacting a government agency, or exercising any legal right. A retaliatory action within 90 days of a protected complaint is presumed to be retaliatory, shifting the burden to the landlord to prove a legitimate reason.
Notice Requirements. For month-to-month tenancies, N.J.S.A. 2A:18-56 requires at least one full rental period of written notice to terminate the tenancy. For tenancies of more than one month, the required notice increases: at least one month for tenancies of a year or less, and three months for long-term tenancies in certain circumstances. Landlords must also provide notice before entry — while New Jersey does not have a single statewide statute specifying a specific number of hours, reasonable advance notice is required except in genuine emergencies.
Truth-in-Renting Act. N.J.S.A. 46:8-43 through 46:8-51 requires landlords who own more than two rental units to provide each tenant with a copy of the state-approved 'Truth in Renting' statement outlining tenant rights. Failure to provide this document does not void a lease but is a violation subject to penalties.
Lockout and Utility Shutoff Prohibition. Self-help eviction is illegal in New Jersey. A landlord who removes a tenant's belongings, changes the locks, or deliberately shuts off utilities to force a tenant out without a court order violates N.J.S.A. 2A:39-1 (Unlawful Entry and Detainer) and may face civil liability. Only a Special Civil Part Officer executing a court-issued warrant for removal may lawfully remove a tenant.
Maximum Deposit Amount. Under N.J.S.A. 46:8-21.2, a landlord may not charge a security deposit exceeding one and one-half months' rent for the initial deposit. Annual increases are capped at 10% of the current deposit amount.
Investment and Notification Requirements. Landlords who own more than 10 rental units must deposit security funds in an interest-bearing account at a New Jersey financial institution (N.J.S.A. 46:8-19). The landlord must notify the tenant in writing within 30 days of receiving the deposit — and annually thereafter — of the name and address of the bank, the account number, and the interest rate.
Return Deadline. After the tenancy ends, the landlord must return the security deposit — plus any accrued interest — within 30 days (N.J.S.A. 46:8-21.1). If the unit has been damaged by fire, flood, or other casualty rendering it uninhabitable, the deadline is shortened to 5 days of the tenant vacating. The landlord must simultaneously provide an itemized written statement of any deductions.
Penalty for Non-Compliance. If a landlord fails to return the deposit or provide a proper itemization within the required time, the tenant is entitled to double the deposit amount as damages, plus court costs and reasonable attorney's fees (N.J.S.A. 46:8-21.1). Normal wear and tear may not be deducted from the deposit.
Just Cause Required. New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) requires a landlord to have one of the enumerated statutory grounds — called 'just cause' — before evicting any residential tenant. Permissible grounds include: non-payment of rent, disorderly conduct, habitual late payment, property damage, lease violations after written notice to cure, continued drug offenses on the premises, and owner or immediate family move-in (subject to conditions). A landlord cannot evict a tenant simply because the lease has expired.
Notice Periods. The required notice period varies by the grounds for eviction: (1) Non-payment of rent — no advance notice required before filing, but a written 'Notice to Quit' is standard practice; (2) Lease violations — a 30-day Notice to Cease followed by a separate Notice to Quit if the violation continues; (3) Month-to-month termination for covered just-cause reasons — one full rental period's written notice (N.J.S.A. 2A:18-56). All notices must be properly served on the tenant.
Court Filing. After proper notice, the landlord must file a Complaint for Possession in the Special Civil Part of the Superior Court in Bergen County. The tenant will receive a summons with a hearing date, typically scheduled within 10–30 days of filing. Tenants have the right to appear and present defenses, including payment of overdue rent before judgment in non-payment cases.
Warrant for Removal. If the court rules for the landlord, a Judgment for Possession is entered. The landlord must then request a Warrant for Removal. A Special Civil Part Officer (court officer) executes the warrant and physically removes the tenant if they have not vacated. Only a court officer may carry out a legal removal — no private landlord action is permitted.
Self-Help Eviction Is Illegal. Changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings without a court order are all illegal in New Jersey (N.J.S.A. 2A:39-1). A tenant subjected to self-help eviction may seek emergency injunctive relief in court and may recover compensatory and punitive damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant laws can change, and local ordinances may have been enacted or amended after the last update of this page. Renters in Bergenfield facing eviction, security deposit disputes, habitability issues, or other legal matters should consult a licensed New Jersey attorney or contact a legal aid organization such as Bergen County Legal Services or Legal Services of New Jersey. RentCheckMe makes no warranty as to the accuracy or completeness of this information and is not responsible for actions taken in reliance on it.
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