Tenant Rights in Evesham, New Jersey

Key Takeaways

  • None — Evesham Township has no rent control ordinance; state law does not mandate rent stabilization for most residential rentals.
  • Must be returned within 30 days of lease end or tenant's forwarding address, whichever is later; wrongful withholding triggers double-damages penalty under N.J.S.A. 46:8-21.1.
  • Month-to-month tenants must receive at least one full rental period's written notice (typically 30 days) before termination under N.J.S.A. 2A:18-56.
  • Required — New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) requires landlords to have one of 18 specified just-cause grounds to evict any residential tenant.
  • Legal Services of New Jersey, Mid-Jersey Legal Services, NJ Division of Consumer Affairs

Want to skip straight to checking your own building? Use the RentCheckMe address checker.

1. Overview: Tenant Rights in Evesham

Evesham Township, located in Burlington County in southern New Jersey, is a predominantly suburban community with a significant rental population spread across apartment complexes, townhomes, and single-family rentals. Renters in Evesham frequently ask about how much a landlord can raise rent, when they must receive their security deposit back, and what grounds a landlord needs to remove a tenant.

Unlike many New Jersey urban centers, Evesham Township has not enacted any local rent control or tenant-protection ordinances. This means renters rely entirely on the robust set of protections established under New Jersey state law — particularly the Truth in Renting Act (N.J.S.A. 46:8-43 et seq.), the Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), and the Security Deposit Law (N.J.S.A. 46:8-19 et seq.).

This page summarizes the most important tenant rights that apply to Evesham renters under New Jersey law. It is provided for informational purposes only and does not constitute legal advice. Laws change; consult a licensed New Jersey attorney or legal aid organization for guidance specific to your situation.

2. Does Evesham Have Rent Control?

Evesham Township has no rent control ordinance. The township has never adopted a local rent stabilization or rent control law, meaning landlords in Evesham are legally free to set rents at market rate and increase them by any amount, subject only to proper notice requirements.

New Jersey does not have a statewide rent control or rent stabilization law. Municipalities may enact their own ordinances under the home-rule authority recognized in Inganamort v. Borough of Fort Lee, 72 N.J. 412 (1977), but Evesham Township has chosen not to do so. There is no state statute preempting local rent control in New Jersey — the absence of an ordinance in Evesham is simply a local policy choice.

In practical terms, this means your landlord may raise your rent by any amount when your lease expires or, for month-to-month tenants, after providing at least one full rental period's written notice (N.J.S.A. 2A:18-56). If a rent increase feels retaliatory — for example, after you complained about habitability — you may have protections under the anti-retaliation provisions of N.J.S.A. 2A:42-10.10 through 10.14.

3. New Jersey State Tenant Protections That Apply in Evesham

New Jersey provides several significant tenant protections that apply to all residential renters in Evesham Township:

Implied Warranty of Habitability: Under New Jersey common law (Marini v. Ireland, 56 N.J. 130 (1970)) and codified tenant remedies in N.J.S.A. 2A:42-85 et seq., landlords must maintain rental units in a safe, sanitary, and habitable condition. This includes functioning heat, hot water, plumbing, electrical systems, and structurally sound premises. If your landlord fails to make necessary repairs, you may be entitled to rent withholding or repair-and-deduct remedies under court supervision.

Security Deposit Protections: The New Jersey Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) caps deposits at one and one-half months' rent, requires landlords to hold deposits in interest-bearing accounts, and mandates return within 30 days of lease termination or receipt of the tenant's forwarding address, whichever is later. Wrongful withholding subjects landlords to double-damages liability.

Just-Cause Eviction (Anti-Eviction Act): N.J.S.A. 2A:18-61.1 requires landlords to establish one of 18 enumerated grounds before evicting a residential tenant. Grounds include nonpayment of rent, disorderly conduct, damage to the premises, and owner-occupancy, among others. A landlord cannot simply refuse to renew a lease without a qualifying reason.

Required Eviction Notices: Before filing in court, landlords must serve proper written notice: 3 days for nonpayment of rent (N.J.S.A. 2A:18-61.2), 1 month for lease violations or owner-occupancy situations, and one full rental period for month-to-month terminations (N.J.S.A. 2A:18-56).

Anti-Retaliation Protections: Under N.J.S.A. 2A:42-10.10 through 10.14, landlords are prohibited from raising rent, reducing services, or commencing eviction proceedings in retaliation for a tenant's good-faith complaints about housing conditions to government authorities, or for organizing with other tenants. Retaliation is presumed if adverse action occurs within 90 days of a protected activity.

Lockout and Utility Shutoff Prohibition: Self-help eviction is illegal in New Jersey. A landlord who changes locks, removes doors, or shuts off utilities to force a tenant out without a court order may be liable for actual damages and may be subject to injunctive relief under N.J.S.A. 2A:39-1 et seq. and general New Jersey landlord-tenant law.

Truth in Renting Act: N.J.S.A. 46:8-43 through 46:8-50 requires landlords of buildings with more than two units to provide tenants with the state-approved Truth in Renting statement at the start of the tenancy, explaining their rights and responsibilities.

4. Security Deposit Rules in Evesham

Security deposits for residential rentals in Evesham Township are governed by the New Jersey Security Deposit Law, N.J.S.A. 46:8-19 through 46:8-26.

Maximum Amount: A landlord may not collect a security deposit exceeding one and one-half (1.5) months' rent at the inception of a tenancy. Annual increases to the deposit, if the landlord raises rent, are capped at 10% of the current deposit (N.J.S.A. 46:8-21.2).

Interest-Bearing Account: Landlords must deposit security funds in a separate, interest-bearing account at a New Jersey bank or investment company and must notify the tenant in writing within 30 days of the account's location and interest rate (N.J.S.A. 46:8-19). Annual accounting of interest is required (N.J.S.A. 46:8-20).

Return Deadline: The landlord must return the deposit — with accrued interest — within 30 days after the tenancy ends or after the landlord receives the tenant's forwarding address, whichever is later (N.J.S.A. 46:8-21.1). If the landlord makes lawful deductions, an itemized written statement must accompany the return of the balance.

Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide an itemized statement within the 30-day window without lawful justification, the tenant may sue for double the amount wrongfully withheld, plus court costs and reasonable attorney's fees (N.J.S.A. 46:8-21.1). This is a significant enforcement mechanism.

Tip: Document the unit's condition with photographs at move-in and move-out, and send your forwarding address to the landlord in writing (certified mail recommended) to start the 30-day clock.

5. Eviction Process and Your Rights in Evesham

Evictions in Evesham Township follow the procedural requirements of New Jersey state law. New Jersey provides strong tenant protections, and landlords must follow each step precisely.

Step 1 — Just Cause Required: Under the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1), a landlord must have a legally recognized ground (just cause) to evict a residential tenant. The 18 enumerated grounds include: nonpayment of rent; habitual late payment; disorderly conduct; willful damage to the property; violation of lease terms after notice and opportunity to cure; drug-related activity; and owner or immediate-family occupancy, among others.

Step 2 — Written Notice to Quit: Before filing in court, the landlord must serve proper written notice. Notice periods under N.J.S.A. 2A:18-61.2 include:
3 days for nonpayment of rent
1 month for most lease violations, disorderly conduct, or owner-occupancy
3 months for certain drug offenses or substantial damage
One full rental period for month-to-month terminations without cause (N.J.S.A. 2A:18-56)

Step 3 — Filing in Court: If the tenant does not cure the violation or vacate, the landlord files a Complaint for Possession in the Special Civil Part of the Burlington County Superior Court. A hearing date is scheduled, typically within a few weeks.

Step 4 — Court Hearing: Both parties may appear and present evidence. Tenants have the right to raise defenses, including payment of rent, retaliation, discrimination, or habitability issues. If the court rules for the landlord, it issues a Judgment for Possession.

Step 5 — Warrant for Removal: If the tenant does not vacate after the judgment, the landlord must obtain a Warrant for Removal. A court officer (not the landlord) serves this warrant, and the tenant generally has three business days to vacate before physical removal is carried out by a court officer.

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

6. Resources for Evesham Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and local ordinances or individual lease terms may affect your situation. Nothing on this page creates an attorney-client relationship. If you have a specific legal problem — including an eviction, a security deposit dispute, or a habitability issue — you should consult a licensed New Jersey attorney or contact a legal aid organization in your area. RentCheckMe makes no representations about the completeness or accuracy of this information and encourages you to verify all statutes and regulations with an official source or qualified professional.

Check Your Address

Find out if your home is covered by rent control or tenant protections.

Use the Address Checker →

Frequently Asked Questions

Does Evesham have rent control?
No, Evesham Township does not have a rent control ordinance, and New Jersey has no statewide rent control law. Landlords in Evesham may charge and increase rent at market rates. The only limit is that increases for month-to-month tenants require at least one full rental period's written notice under N.J.S.A. 2A:18-56.
How much can my landlord raise my rent in Evesham?
There is no cap on rent increases in Evesham Township, as the municipality has no rent control ordinance and New Jersey does not impose statewide rent stabilization. For month-to-month tenants, the landlord must provide at least one full rental period's written notice before a rent increase takes effect (N.J.S.A. 2A:18-56). An increase made in retaliation for reporting habitability problems may be unlawful under N.J.S.A. 2A:42-10.10 et seq.
How long does my landlord have to return my security deposit in Evesham?
Your landlord must return your security deposit, with accrued interest and an itemized list of any deductions, within 30 days of the end of your tenancy or after receiving your forwarding address, whichever is later, under N.J.S.A. 46:8-21.1. If the landlord fails to comply without lawful justification, you are entitled to sue for double the amount wrongfully withheld, plus attorney's fees and court costs.
What notice does my landlord need before evicting me in Evesham?
Before filing for eviction in court, your landlord must serve a written notice whose length depends on the grounds: 3 days for nonpayment of rent, 1 month for most lease violations or owner-occupancy, and one full rental period for terminating a month-to-month tenancy, all under N.J.S.A. 2A:18-61.2 and N.J.S.A. 2A:18-56. Additionally, the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1) requires the landlord to have a legally recognized just-cause ground before any eviction can proceed.
Can my landlord lock me out or shut off utilities in Evesham?
No. Self-help eviction — including changing locks, removing doors, or shutting off utilities to force a tenant out — is illegal in New Jersey under N.J.S.A. 2A:39-1 et seq. A landlord must obtain a Judgment for Possession from the Burlington County Superior Court and a Warrant for Removal, which is executed by a court officer, not the landlord. If your landlord attempts a self-help eviction, you can seek emergency injunctive relief and damages in court.
What can I do if my landlord refuses to make repairs in Evesham?
Under the implied warranty of habitability established in New Jersey law (<em>Marini v. Ireland</em>, 56 N.J. 130 (1970)) and the rent withholding statutes at N.J.S.A. 2A:42-85 et seq., your landlord must maintain the rental unit in habitable condition. If the landlord refuses to make necessary repairs, you may notify code enforcement with the Evesham Township Department of Community Development or the Burlington County Health Department, and you may have the right to pay rent into court escrow or pursue a rent reduction through the courts. Consult a legal aid attorney before withholding rent to protect your rights.

Get notified when rent laws change in Evesham

We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.