Tenant Rights in Cherry Hill, New Jersey

Key Takeaways

  • None — Cherry Hill has no rent control ordinance; NJ law does not preempt local rent control but Cherry Hill has not enacted one
  • Must be returned within 30 days of lease end (or 15 days after forwarding new address, whichever is later); wrongful withholding triggers double-damages penalty under N.J.S.A. § 46:8-21.1
  • 1 month written notice required to terminate a month-to-month tenancy under N.J.S.A. § 2A:18-56
  • Required — New Jersey's Anti-Eviction Act (N.J.S.A. § 2A:18-61.1 et seq.) mandates just cause for all residential evictions
  • Community Legal Services of Philadelphia (serves Camden County), Legal Services of New Jersey, NJ Division of Consumer Affairs

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1. Overview: Tenant Rights in Cherry Hill

Cherry Hill is a suburban township in Camden County, New Jersey, with a population of approximately 74,000 residents. A significant portion of Cherry Hill households are renters, drawn to the area for its proximity to Philadelphia, strong school districts, and diverse housing stock ranging from garden apartments to townhomes. Renters here most commonly search for information about security deposit rules, rent increases, and their rights if a landlord fails to make repairs.

Unlike some New Jersey cities such as Newark or Jersey City, Cherry Hill has not enacted a local rent control ordinance. However, New Jersey's statewide landlord-tenant statutes are among the most tenant-protective in the nation. Key laws include the Truth in Renting Act (N.J.S.A. § 46:8-43 et seq.), the Security Deposit Law (N.J.S.A. § 46:8-19 et seq.), and the Anti-Eviction Act (N.J.S.A. § 2A:18-61.1 et seq.), all of which apply fully to Cherry Hill renters.

This page is an informational overview of tenant rights in Cherry Hill, New Jersey. It is not legal advice. Laws can change, and individual situations vary — if you face an eviction, habitability dispute, or other serious issue, consult a licensed New Jersey attorney or contact a local legal aid organization.

2. Does Cherry Hill Have Rent Control?

Cherry Hill does not have a rent control or rent stabilization ordinance. New Jersey state law does not preempt municipalities from enacting rent control — many NJ cities and towns have done so — but Cherry Hill Township has chosen not to adopt such an ordinance.

In practice, this means a Cherry Hill landlord may increase rent by any amount at the end of a lease term, provided they give proper written notice. For month-to-month tenants, New Jersey courts have generally required at least one month's notice before a rent increase takes effect, consistent with the notice required to change tenancy terms under N.J.S.A. § 2A:18-56. There is no state statute capping the percentage or dollar amount of a rent increase for market-rate units.

Renters in Cherry Hill should carefully review lease renewal terms and any rent increase notices. While there is no cap on increases, a landlord cannot increase rent in retaliation for a tenant exercising a legal right (such as complaining about habitability), which would violate N.J.S.A. § 2A:42-10.10 (the anti-retaliation statute). If you believe a rent increase is retaliatory, document all communications and contact a legal aid organization.

3. New Jersey State Tenant Protections That Apply in Cherry Hill

New Jersey provides strong statewide protections for all residential tenants, including those in Cherry Hill. The following protections apply regardless of whether a local ordinance exists.

Implied Warranty of Habitability (N.J.S.A. § 2A:42-85 et seq.; Marini v. Ireland, 56 N.J. 130 (1970)): Landlords must maintain rental units in a safe, decent, and sanitary condition. This includes working heat, plumbing, electrical systems, and structural integrity. If a landlord fails to make necessary repairs after reasonable notice, a tenant may seek rent withholding, repair-and-deduct remedies, or a rent reduction through court action.

Security Deposit Protections (N.J.S.A. § 46:8-19 et seq.): Landlords may collect a security deposit of no more than 1.5 months' rent. The deposit must be held in a separate interest-bearing account, and tenants must receive written notice of the bank, account number, and interest rate within 30 days of deposit. Full details are in the security deposit section below.

Required Notice to Terminate (N.J.S.A. § 2A:18-56): Either party must give at least one month's written notice to terminate a month-to-month tenancy. For fixed-term leases, the lease terms govern expiration.

Anti-Retaliation Protection (N.J.S.A. § 2A:42-10.10): A landlord may not retaliate against a tenant for reporting housing code violations, contacting a government agency about habitability, or organizing with other tenants. Retaliatory actions include eviction, rent increases, reduction of services, and harassment. If retaliation is proven, a tenant may recover damages, attorney's fees, and costs.

Prohibition on Lockouts and Utility Shutoffs (N.J.S.A. § 2A:39-1 et seq.): Self-help evictions — including changing locks, removing doors or windows, or shutting off utilities — are illegal in New Jersey. Only a court-ordered writ of possession enforced by a Special Civil Part Officer can lawfully remove a tenant.

Truth in Renting Act (N.J.S.A. § 46:8-43 et seq.): Landlords of buildings with three or more units must provide all new tenants with a copy of the NJ Department of Community Affairs' Truth in Renting statement, which summarizes tenant and landlord rights and responsibilities.

Anti-Discrimination (N.J. Law Against Discrimination, N.J.S.A. § 10:5-1 et seq.): Landlords may not discriminate based on race, color, national origin, religion, sex, disability, familial status, sexual orientation, gender identity, source of lawful income, and several other protected classes.

4. Security Deposit Rules in Cherry Hill

New Jersey's Security Deposit Law (N.J.S.A. § 46:8-19 through § 46:8-26) governs all residential security deposits in Cherry Hill and sets specific requirements for landlords.

Maximum Deposit: A landlord may charge no more than 1.5 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 funds in a federally insured interest-bearing account in a New Jersey bank, separate from the landlord's personal funds (N.J.S.A. § 46:8-19). Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of the bank name, address, account number, and current interest rate.

Return Deadline: After the tenancy ends, the landlord must return the deposit (plus accrued interest, less lawful deductions) within 30 days of the termination of tenancy or within 15 days of receiving the tenant's new mailing address — whichever is later (N.J.S.A. § 46:8-21.1). The landlord must also provide an itemized written statement of any deductions.

Allowable Deductions: Landlords may only deduct for unpaid rent and for damages beyond normal wear and tear. Routine cleaning, carpet wear, and minor scuffs are generally considered normal wear and tear and are not deductible.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit (or itemized statement) within the required timeframe without lawful justification, the tenant is entitled to double (2x) the amount wrongfully withheld, plus reasonable attorney's fees and court costs (N.J.S.A. § 46:8-21.1). Tenants may sue in New Jersey Special Civil Part (small claims court) for amounts up to $5,000 without an attorney.

5. Eviction Process and Your Rights in Cherry Hill

New Jersey's Anti-Eviction Act (N.J.S.A. § 2A:18-61.1 et seq.) applies to all residential tenants in Cherry Hill and requires a landlord to have just cause before pursuing eviction. A landlord cannot simply refuse to renew a lease or terminate a tenancy without a legally recognized reason.

Recognized Just Cause Grounds (N.J.S.A. § 2A:18-61.1): Lawful grounds for eviction include (but are not limited to): nonpayment of rent; disorderly conduct; willful destruction of property; violation of a lease term (after notice and opportunity to cure); refusal to accept reasonable lease changes at renewal; habitual late payment of rent; and, in certain circumstances, owner or immediate family member occupancy of the unit.

Required Notices:

Court Filing: If the tenant does not vacate after the notice period, the landlord must file a Complaint in Summary Dispossess in the New Jersey Special Civil Part, Landlord-Tenant Section of Camden County Superior Court. The tenant will receive a summons with a hearing date, typically within 10–14 days of filing.

Hearing and Judgment: At the hearing, both parties present their case before a judge. If judgment is entered for the landlord, the tenant has 3 days to vacate voluntarily before a Warrant for Removal may be issued (N.J.S.A. § 2A:18-57). Only a Special Civil Part Officer (court officer) may physically remove a tenant — the landlord has no authority to do so.

Self-Help Eviction is Illegal: Under New Jersey law (N.J.S.A. § 2A:39-1 et seq.), a landlord who changes locks, removes doors or windows, shuts off utilities, or physically removes a tenant's belongings without a court order commits an unlawful entry and detainer. Tenants subjected to a self-help eviction may seek emergency injunctive relief in court and may recover damages, including attorney's fees.

6. Resources for Cherry Hill Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in New Jersey and Cherry Hill may change, and individual circumstances vary significantly. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, security deposit dispute, or any other landlord-tenant legal matter, you should consult a licensed New Jersey attorney or contact a qualified legal aid organization in your area. RentCheckMe makes no representations or warranties about the completeness, accuracy, or currency of this information.

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Frequently Asked Questions

Does Cherry Hill have rent control?
No, Cherry Hill does not have a rent control or rent stabilization ordinance. While New Jersey law does not preempt municipalities from enacting rent control, Cherry Hill Township has not adopted such a law. Landlords may raise rent by any amount at lease renewal, provided they give at least one month's written notice for month-to-month tenants consistent with N.J.S.A. § 2A:18-56.
How much can my landlord raise my rent in Cherry Hill?
Because Cherry Hill has no rent control ordinance, there is no legal cap on rent increases for market-rate units. Your landlord may raise your rent by any amount at the end of a lease term. However, a landlord cannot raise rent in retaliation for you exercising a legal right — such as reporting a housing code violation — which would violate N.J.S.A. § 2A:42-10.10. Always get rent increase notices in writing and keep copies.
How long does my landlord have to return my security deposit in Cherry Hill?
Under New Jersey's Security Deposit Law (N.J.S.A. § 46:8-21.1), your landlord must return your deposit — along with an itemized list of any deductions — within 30 days of the end of your tenancy, or within 15 days of receiving your new mailing address, whichever is later. If your landlord fails to comply without a lawful reason, you are entitled to twice (2x) the amount wrongfully withheld, plus attorney's fees and costs.
What notice does my landlord need before evicting me in Cherry Hill?
New Jersey's Anti-Eviction Act (N.J.S.A. § 2A:18-61.1 et seq.) requires just cause for all residential evictions. For nonpayment of rent, the landlord must give at least 3 days' written notice to pay or vacate before filing in court (N.J.S.A. § 2A:18-61.2). For lease violations, the landlord must first serve a Notice to Cease and then a Notice to Quit with at least one month to vacate. No eviction can proceed without a court judgment and a court-issued Warrant for Removal.
Can my landlord lock me out or shut off utilities in Cherry Hill?
No. Self-help evictions — including changing the locks, removing doors or windows, or shutting off utilities to force a tenant out — are illegal in New Jersey under N.J.S.A. § 2A:39-1 et seq. Only a court-ordered Warrant for Removal enforced by a Special Civil Part Officer can lawfully remove a residential tenant. If your landlord attempts a self-help eviction, you can seek an emergency court order and may be entitled to damages and attorney's fees.
What can I do if my landlord refuses to make repairs in Cherry Hill?
New Jersey landlords are required to maintain habitable conditions under the implied warranty of habitability recognized in Marini v. Ireland, 56 N.J. 130 (1970), and codified in N.J.S.A. § 2A:42-85 et seq. If your landlord refuses to make necessary repairs after written notice, you may report the violation to the Cherry Hill Township Housing/Code Enforcement office, withhold rent (by paying into court escrow), pursue a rent reduction in court, or repair-and-deduct in limited circumstances. Document all repair requests in writing and photograph the conditions.

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