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Bordentown is a small city in Burlington County, New Jersey, situated along the Delaware River with a mix of historic single-family homes and rental units. While the city is modest in size, its renters benefit from some of the strongest statewide tenant protections in the country, anchored by the New Jersey Anti-Eviction Act and the Security Deposit Law.
Unlike many states, New Jersey does not preempt municipalities from enacting rent control, and dozens of NJ cities have done so. Bordentown, however, has not adopted a local rent control ordinance, meaning landlords may raise rents without a municipal cap — though they must still follow statewide notice and eviction requirements. Tenants searching for information about security deposits, lease terminations, habitability rights, or protection from retaliation will find those answers in state law.
This article provides a plain-language overview of the New Jersey landlord-tenant laws most relevant to Bordentown renters. It is informational only and does not constitute legal advice. If you have a specific legal dispute, consult a licensed New Jersey attorney or your local legal aid organization.
No Rent Control in Bordentown
New Jersey law does not preempt municipalities from adopting rent control; the decision rests entirely with each city or township. Approximately 100 New Jersey municipalities have enacted some form of rent stabilization. Bordentown City has not passed any rent control or rent stabilization ordinance, so there is no municipal cap on how much a landlord may increase rent.
In practice, this means a Bordentown landlord may raise rent to any amount, provided they give proper advance written notice before the new rent takes effect. For a month-to-month tenancy, one full rental period of written notice is generally required before a rent increase or lease change becomes enforceable under N.J.S.A. 2A:18-56. For fixed-term leases, the rent is locked in for the lease term; a landlord cannot raise it mid-lease unless the lease itself allows for it.
Tenants who believe a rent increase is retaliatory — for example, issued shortly after a tenant complained about habitability conditions — may have a defense under New Jersey's anti-retaliation statute, N.J.S.A. 2A:42-10.10. Absent retaliation, however, there is no legal limit on rent amounts in Bordentown.
Warranty of Habitability
Every residential landlord in New Jersey is required to maintain rental units in a habitable condition under the implied warranty of habitability recognized by the New Jersey Supreme Court in Marini v. Ireland, 56 N.J. 130 (1970), and reinforced by N.J.S.A. 2A:42-10.10. This means the landlord must keep the premises fit for human habitation, including functioning heat, plumbing, electrical systems, and structural integrity. If a landlord fails to make necessary repairs after proper notice, a tenant may pursue remedies including rent withholding or repair-and-deduct, subject to procedural requirements.
Required Notice Before Rent Changes or Termination
Under N.J.S.A. 2A:18-56, a landlord must provide at least one full rental period of written advance notice to terminate or materially change the terms of a month-to-month tenancy. For residential leases of one year or more, the notice period may differ based on lease terms. Notice must be in writing and should be delivered in a manner that creates a record.
Anti-Retaliation Protections
New Jersey law prohibits landlords from retaliating against tenants for exercising protected rights, such as reporting code violations, contacting a government agency, or organizing with other tenants. Under N.J.S.A. 2A:42-10.10 and 10.12, retaliatory rent increases, reductions in services, or eviction proceedings are unlawful. A rebuttable presumption of retaliation arises if a landlord takes adverse action within 90 days of a tenant's protected activity.
Prohibition on Self-Help Eviction
It is illegal for a landlord to lock out a tenant, remove the tenant's belongings, or shut off utilities as a means of forcing a tenant to leave. Under N.J.S.A. 2A:39-1 et seq. (the Forcible Entry and Detainer statute) and established case law, a landlord must obtain a court judgment and a court officer must carry out any lawful removal. Tenants subjected to an illegal lockout or utility shutoff may seek emergency relief in Superior Court.
Truth in Renting Act
Under the New Jersey Truth in Renting Act, N.J.S.A. 46:8-43 et seq., landlords of buildings with two or more units must provide tenants with a state-approved statement of tenant rights at lease signing. Violations can be reported to the New Jersey Division of Consumer Affairs.
Security Deposit Cap
New Jersey limits the initial security deposit to no more than one and one-half months' rent under N.J.S.A. 46:8-21.2. Annual increases to the deposit may not exceed 10% of the current deposit amount. Landlords who collect excess deposits must return the overage to the tenant within 30 days of the demand.
Required Bank Account and Disclosure
Landlords must deposit security funds in a separate, interest-bearing account at a New Jersey financial institution within 30 days of receipt and notify the tenant in writing of the bank name, address, and account type within 30 days under N.J.S.A. 46:8-19. Interest earned on the deposit belongs to the tenant and must be paid or credited annually or at the end of the tenancy.
Return Deadline
After a tenancy ends, the landlord must return the security deposit (plus accrued interest) — minus any lawfully deducted amounts — within 30 days of the termination of the tenancy or 15 days after the tenant provides a forwarding address, whichever is later, per N.J.S.A. 46:8-21.1. Any deductions must be itemized in writing and accompanied by receipts.
Penalty for Wrongful Withholding
If a landlord fails to return the deposit within the required timeframe or wrongfully withholds any portion, the tenant is entitled to double the amount wrongfully withheld as damages under N.J.S.A. 46:8-21.1. The tenant may sue in Small Claims Court (up to $5,000) or Special Civil Part of Superior Court for larger amounts, and may also recover reasonable attorney's fees if successful.
Just Cause Required
New Jersey's Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., requires that a landlord have a specific, legally recognized cause before evicting any residential tenant. Acceptable grounds include nonpayment of rent, disorderly conduct, lease violations, damage to property, refusal to accept a reasonable rent increase, and owner/immediate family member occupancy (with limitations). A landlord cannot evict a tenant simply because the lease has expired or because the landlord prefers a different tenant.
Required Notices Before Filing
The type and duration of notice required depends on the eviction ground:
— Nonpayment of rent: A written demand for rent (no specific minimum notice period mandated by statute, but must be reasonable — commonly three business days in practice).
— Lease violation (other than rent): Written notice identifying the violation and providing a reasonable cure period, typically 30 days under N.J.S.A. 2A:18-61.2.
— Month-to-month termination: One full rental period written notice under N.J.S.A. 2A:18-56.
All notices must be served in a manner compliant with New Jersey court rules.
Court Filing and Hearing
If the tenant does not vacate or cure after proper notice, the landlord must file a complaint in the Special Civil Part — Landlord-Tenant Section of Burlington County Superior Court. The tenant will receive a summons with a hearing date. At the hearing, both parties may present evidence. A tenant may raise defenses including habitability, retaliation, or improper notice.
Warrant for Removal
If the court enters a judgment for possession, a Warrant for Removal is issued. There is a mandatory three-business-day stay before a court officer (special civil part officer) may execute the warrant. Tenants facing hardship may apply to the court for an additional stay of up to six months under N.J.S.A. 2A:42-10.6.
Self-Help Eviction Is Illegal
A landlord may never physically remove a tenant, change the locks, remove doors or windows, or shut off utilities to force a tenant out without a court order. Such actions constitute an illegal lockout under N.J.S.A. 2A:39-1 and may expose the landlord to civil liability and criminal penalties. Tenants experiencing an illegal lockout should contact local law enforcement and seek emergency injunctive relief from Superior Court.
This article is provided for informational purposes only and does not constitute legal advice. The information presented here reflects New Jersey landlord-tenant law as generally understood as of April 2026, but laws and local ordinances can change. Bordentown renters with specific legal questions or disputes should consult a licensed New Jersey attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties regarding the accuracy, completeness, or applicability of this information to any particular situation.
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