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Franklin Lakes is a small, affluent borough in Bergen County, New Jersey, with a population of approximately 11,000 residents. While a substantial portion of Franklin Lakes residents are homeowners, renters in the borough are protected by some of the strongest statewide landlord-tenant laws in the country. New Jersey's tenant protections apply uniformly across all municipalities, meaning Franklin Lakes renters enjoy the same robust legal framework as renters in larger cities like Newark or Jersey City.
The most commonly searched tenant rights topics for Franklin Lakes renters include security deposit return procedures, eviction notice requirements, and landlord obligations to maintain habitable conditions. New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) is particularly significant — unlike many states, New Jersey requires landlords to have a legitimate, legally enumerated reason before they can remove a residential tenant, providing meaningful protection against arbitrary displacement.
This guide summarizes the key laws that apply to Franklin Lakes renters as of April 2026. It is intended for informational purposes only and does not constitute legal advice. Renters facing specific disputes or eviction proceedings should consult a licensed New Jersey attorney or a legal aid organization.
Franklin Lakes does not have a local rent control or rent stabilization ordinance. New Jersey law does not preempt municipalities from enacting rent control — in fact, dozens of New Jersey cities and towns have done so — but Franklin Lakes Borough has chosen not to adopt such an ordinance.
In practice, this means that landlords in Franklin Lakes may raise rent by any amount, at any time, as long as they provide the legally required advance notice before the increase takes effect. For month-to-month tenants, New Jersey courts have generally required at least one full rental period's notice of a rent increase, consistent with the notice requirements of N.J.S.A. 2A:18-56. For tenants with fixed-term leases, the landlord cannot raise rent during the lease term unless the lease explicitly permits it.
While there is no cap on how much rent can be increased, tenants do have indirect protections: under the Anti-Eviction Act (N.J.S.A. 2A:18-61.1(l)), a landlord may not evict a tenant for refusing to agree to a rent increase that is 'unconscionable' or that substantially alters the terms of the tenancy without sufficient notice. Renters who believe a dramatic rent hike is being used as a pretext for eviction should seek legal advice promptly.
Implied Warranty of Habitability (N.J.S.A. 2A:42-85 through 2A:42-96; common law): New Jersey landlords are legally required to maintain rental units in a safe, sanitary, and habitable condition throughout the tenancy. This obligation includes functioning heat, hot water, plumbing, electrical systems, and structural soundness. New Jersey courts have recognized a robust implied warranty of habitability, and tenants may pursue rent withholding, repair-and-deduct remedies, or rent abatement through court proceedings if a landlord fails to maintain habitable conditions. The New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) also establishes minimum standards for residential rental properties.
Security Deposit Rules (N.J.S.A. 46:8-19 through 46:8-26): Landlords may collect a security deposit of no more than one and one-half times the monthly rent. Deposits must be held in a separate bank account, and tenants must be notified in writing of the bank name, address, and account number within 30 days of deposit. Landlords must pay interest on deposits annually.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must provide written notice of at least one full rental period before terminating the tenancy. For week-to-week tenancies, at least seven days' notice is required. Fixed-term leases expire at the end of the term, but the Anti-Eviction Act still applies (see below).
Anti-Retaliation Protections (N.J.S.A. 2A:42-10.10 through 2A:42-10.12): Landlords are prohibited from retaliating against tenants who report housing code violations, complain to government agencies, or exercise any legal right. Retaliation can include rent increases, service reductions, or eviction proceedings. A rebuttable presumption of retaliation arises if adverse action is taken within 90 days of a tenant's protected activity. Tenants who prevail in a retaliation claim may recover damages, costs, and attorney fees.
Lockout and Utility Shutoff Prohibition: New Jersey law prohibits landlords from engaging in self-help eviction. A landlord may not change locks, remove doors or windows, or shut off utilities as a means of forcing a tenant out. Such actions are illegal regardless of whether the tenant owes rent. Tenants subjected to an illegal lockout may seek emergency relief in Superior Court and may be entitled to damages.
New Jersey's Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) governs all aspects of security deposits for Franklin Lakes rentals.
Cap: Landlords may collect a security deposit of no more than one and one-half times the monthly rent at the inception of the tenancy. Annual increases to the deposit are limited to 10% of the current deposit amount (N.J.S.A. 46:8-21.2).
Holding Requirements: The deposit must be deposited in an interest-bearing account at a federally insured New Jersey bank, savings institution, or money market fund within 30 days of receipt. The landlord must notify the tenant in writing of the institution's name and address and the account number (N.J.S.A. 46:8-19). Interest accrues to the tenant's benefit and must be paid or credited annually.
Return Deadline: Within 30 days after the end of the lease or the tenant vacates (whichever is later), or within 15 days of receiving the tenant's new mailing address, whichever is later, the landlord must return the deposit with interest minus any lawful deductions (N.J.S.A. 46:8-21.1). If the landlord intends to make deductions, they must provide an itemized written statement of damages along with any remaining balance.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within the required timeframe or wrongfully withholds any portion without an itemized statement, the tenant may sue for double the amount wrongfully withheld, plus reasonable attorney fees and court costs (N.J.S.A. 46:8-21.1). This is a significant deterrent and a meaningful remedy for tenants.
New Jersey has one of the most tenant-protective eviction frameworks in the United States. The Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) requires that landlords establish a specific, legally enumerated ground — commonly called 'just cause' — before they may evict a residential tenant in Franklin Lakes or anywhere else in the state.
Just Cause Grounds: Permissible grounds for eviction include nonpayment of rent, habitual late payment, violation of a lease term after written notice to correct, disorderly conduct, willful destruction of property, conviction of certain drug offenses on the premises, landlord's desire to permanently retire the unit from residential use, and owner or immediate family occupancy (with additional notice requirements). A landlord who simply wants to remove a tenant without one of these grounds cannot lawfully do so.
Notice Requirements: The required notice period depends on the grounds for eviction. For nonpayment of rent, the landlord must serve a written Notice to Quit and Demand for Possession giving the tenant at least 30 days (or until the end of the rental period) to pay or vacate (N.J.S.A. 2A:18-61.2). For lease violations, the landlord must first give a Notice to Cease the violation, followed by a Notice to Quit allowing at least one rental period to cure. For month-to-month termination based on a qualifying just-cause ground, a minimum of one full rental period's written notice is required.
Court Filing: If the tenant does not vacate after proper notice, the landlord must file a Complaint for Possession in the Special Civil Part of the Bergen County Superior Court. The tenant is served with a summons and given an opportunity to appear and contest the eviction at a court hearing. The court is located at the Bergen County Justice Center, 10 Main Street, Hackensack, NJ 07601.
Hearing and Judgment: Both parties may present evidence at the hearing. If the court rules in the landlord's favor, it issues a Judgment for Possession. The tenant typically has a brief period to vacate voluntarily before a Warrant for Removal is issued to the court officer (N.J.S.A. 2A:42-10.16).
Self-Help Eviction is Illegal: A landlord may never change the locks, remove the tenant's belongings, shut off utilities, or take any other action to force a tenant out without a court order and properly executed Warrant for Removal. These 'self-help' tactics are illegal under New Jersey law and may expose the landlord to civil liability. A tenant subjected to an illegal lockout may seek an immediate court order for re-entry and may be entitled to compensatory damages.
This article is provided for general informational purposes only and does not constitute legal advice. The laws and regulations summarized here are subject to change, and individual circumstances vary. Renters in Franklin Lakes, NJ who face eviction, security deposit disputes, habitability issues, or other landlord-tenant matters should consult a licensed New Jersey attorney or contact a qualified legal aid organization for advice specific to their situation. RentCheckMe makes no warranty as to the accuracy, completeness, or currency of the information presented here.
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