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Burlington is a historic city in Burlington County, New Jersey, situated along the Delaware River. While smaller than many New Jersey urban centers, Burlington's rental market includes a mix of older single-family homes converted to rentals, multi-family buildings, and apartments. Renters here are primarily governed by New Jersey's robust statewide landlord-tenant framework, which is among the most tenant-protective in the United States.
New Jersey's Anti-Eviction Act, the Truth in Renting Act, and the Security Deposit Law collectively provide Burlington renters with meaningful protections against unjust eviction, uninhabitable conditions, landlord retaliation, and improper handling of security deposits. Burlington has not enacted additional local tenant ordinances beyond these state requirements, so state law is the primary source of renter rights in this city.
This article is intended as general information only and does not constitute legal advice. Laws and local conditions can change. Renters facing specific issues should consult a licensed New Jersey attorney or a legal aid organization for guidance tailored to their situation.
Burlington City does not have a local rent control ordinance. Unlike cities such as Newark, Hoboken, or Jersey City — which have enacted municipal rent leveling ordinances — Burlington has not passed any law limiting how much a landlord can increase rent between lease terms or during a tenancy.
New Jersey state law does not preempt municipalities from enacting rent control; local governments may choose to do so under their home-rule authority. However, Burlington has simply elected not to adopt such an ordinance. As a result, Burlington landlords are legally free to raise rent by any amount, provided they give proper advance notice (typically one full rental period for month-to-month tenants under N.J.S.A. 2A:18-56) and the increase does not violate anti-retaliation provisions under N.J.S.A. 2A:42-10.10.
In practice, this means Burlington renters on month-to-month leases or tenants whose fixed-term lease is expiring have no cap on the rent increase a landlord may propose. A tenant who does not agree to the new rent amount may choose not to renew, but if they remain and pay the increased rent, a court may consider it accepted. Renters concerned about affordability should negotiate lease terms in writing and document all communications with their landlord.
Implied Warranty of Habitability (N.J.S.A. 2A:42-10.16 et seq.; Marini v. Ireland, 56 N.J. 130 (1970)): New Jersey law requires landlords to maintain rental units in a safe, sanitary, and habitable condition throughout the tenancy. This includes functioning heat, plumbing, electrical systems, structural integrity, and freedom from pest infestations. If a landlord fails to make necessary repairs after reasonable notice, tenants may pursue rent withholding, rent abatement, or repair-and-deduct remedies through the New Jersey courts.
Truth in Renting Act (N.J.S.A. 46:8-43 et seq.): Landlords of buildings with three or more units must provide each tenant with a copy of the New Jersey Department of Community Affairs (DCA) Truth in Renting statement at the start of the tenancy. This document summarizes tenant and landlord rights and responsibilities under state law. Failure to provide it is a violation subject to civil penalties.
Security Deposit Law (N.J.S.A. 46:8-19 et seq.): Security deposits are capped and must be held in a separate interest-bearing account. See the dedicated Security Deposit section below for full details.
Anti-Retaliation Protections (N.J.S.A. 2A:42-10.10 et seq.): A landlord may not increase rent, reduce services, or initiate eviction proceedings against a tenant in retaliation for the tenant complaining to a government agency about housing code violations, organizing with other tenants, or exercising any legal right. If a landlord takes adverse action within 90 days of a protected activity, retaliation is presumed and the burden shifts to the landlord to prove a legitimate reason.
Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.): Self-help eviction is illegal in New Jersey. A landlord who changes locks, removes doors or windows, shuts off utilities, or otherwise attempts to physically remove a tenant without a court order commits an unlawful act. Tenants subjected to such conduct may seek emergency relief in Superior Court and may be entitled to damages.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must provide at least one full rental period of advance written notice to terminate. For week-to-week tenancies, seven days' notice is required. Fixed-term leases expire by their own terms unless renewed.
New Jersey's Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) governs all residential security deposits in Burlington.
Cap on Amount: For new tenancies, a landlord may not collect more than one and one-half months' rent as a security deposit (N.J.S.A. 46:8-21.2). Annual increases to the deposit are capped at 10% of the current deposit amount.
Holding Requirements: The landlord must deposit the security deposit in a separate interest-bearing account at a New Jersey bank or savings institution within 30 days of receipt (N.J.S.A. 46:8-19). The landlord must notify the tenant in writing of the name and address of the financial institution, the account number, and the amount deposited. Interest earned belongs to the tenant and must be credited annually or applied to the last month's rent if the tenant requests it.
Return Deadline: After the tenancy ends, the landlord must return the security deposit (with accrued interest), minus any lawful deductions, within 30 days of the termination of the tenancy or the tenant's delivery of possession, whichever is later (N.J.S.A. 46:8-21.1). If the unit is rendered uninhabitable by fire, flood, or similar casualty, the landlord must return the deposit within 5 days.
Itemized Statement: Along with the returned funds, the landlord must provide a written, itemized list of any deductions for damages beyond normal wear and tear. Deductions for routine wear and tear are not permitted.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide a proper itemization within the required time, the tenant is entitled to double the amount wrongfully withheld, plus court costs and reasonable attorney's fees, under N.J.S.A. 46:8-21.1. A tenant may sue in New Jersey Superior Court, Special Civil Part (small claims) for amounts up to $5,000.
New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) is one of the most protective just-cause eviction laws in the country and applies to nearly all residential tenants in Burlington, including month-to-month tenants and holdover tenants after a lease expires.
Just Cause Required: A landlord must have one of the statutory grounds listed in N.J.S.A. 2A:18-61.1 to evict a residential tenant. Common just-cause grounds include: nonpayment of rent; habitual late payment of rent; disorderly conduct; substantial damage to the unit; violation of a lease covenant; conviction of a drug offense on the premises; landlord's good-faith intention to permanently retire the unit from the rental market; and owner-occupancy (with strict limitations for buildings of three or fewer units).
Required Notices Before Filing: The type and duration of notice required depends on the ground for eviction:
Court Process: After proper notice, the landlord files a Complaint for Possession in Burlington County Superior Court, Special Civil Part — Landlord-Tenant section, located at the Burlington County Courts Facility in Mount Holly. The tenant is served with a summons and the case is scheduled for a hearing, typically within 10–30 days. Tenants have the right to appear and present defenses.
Lockout and Self-Help Eviction Are Illegal: Under N.J.S.A. 2A:39-1 et seq., a landlord may never remove a tenant by changing locks, removing belongings, shutting off utilities, or any other self-help method. Only a Special Civil Part Officer executing a Warrant for Removal — issued by a court after a judgment for possession — may lawfully remove a tenant. Tenants subjected to an illegal lockout may seek emergency injunctive relief in Superior Court and may be entitled to damages.
Warrant for Removal: If the landlord wins at the hearing, a Judgment for Possession is entered. The landlord must then apply for a Warrant for Removal. A minimum of three business days must pass after the Warrant is served before the officer may execute it, giving the tenant a final opportunity to vacate or seek a court stay (N.J.S.A. 2A:18-57).
The information provided on this page is for general informational purposes only and does not constitute legal advice. Tenant rights laws in New Jersey and Burlington are subject to change through legislation, court decisions, and regulatory updates. The facts of every tenancy and dispute are unique, and this page cannot address every situation. Renters with specific questions or legal problems should consult a licensed New Jersey attorney or contact a qualified legal aid organization such as Legal Services of New Jersey or Burlington County Legal Services. RentCheckMe makes no warranties regarding the accuracy, completeness, or currentness of this information.
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