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Hillsborough Township is a growing suburban community in Somerset County, New Jersey, with a population of roughly 40,000 residents. A substantial portion of Hillsborough households rent single-family homes, townhouses, and apartment units — and like all New Jersey renters, they are protected by one of the strongest statewide landlord-tenant frameworks in the country. The most commonly searched topics for Hillsborough renters involve security deposit returns, eviction protections, and habitability rights.
New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) and the Truth in Renting Act (N.J.S.A. 46:8-43 et seq.) form the backbone of tenant protections in Hillsborough. These statutes give tenants significant procedural rights that landlords must follow before a tenancy can be lawfully ended. Hillsborough has not enacted any local rent control or tenant protection ordinances beyond what state law already provides.
This article is informational only and does not constitute legal advice. Tenant rights law can be complex and fact-specific; if you have a dispute with your landlord, consult a qualified attorney or contact a legal aid organization in Somerset County.
Hillsborough has no rent control ordinance. Unlike some New Jersey municipalities such as Newark or Jersey City, Hillsborough Township has never enacted a local rent control or rent stabilization law. New Jersey does not have a statewide preemption statute that bars municipalities from adopting rent control — instead, each municipality chooses whether to enact one. Hillsborough has simply chosen not to do so.
In practical terms, this means your landlord may increase your rent by any amount at the end of your lease term, subject only to the requirement that proper notice be given. For month-to-month tenants, New Jersey courts have interpreted N.J.S.A. 2A:18-56 to require at least one full rental period of notice before a tenancy can be terminated or materially modified (including a rent increase). However, there is no cap on how large that increase can be.
If Hillsborough were ever to adopt a rent control ordinance in the future, the New Jersey Supreme Court has upheld municipal rent control as a valid exercise of home rule authority under the New Jersey Municipal Home Rule Act (N.J.S.A. 40:48-2). Renters should check the Hillsborough Township municipal website periodically if this issue is of concern.
New Jersey law provides renters with a robust set of statewide protections that apply fully in Hillsborough Township.
Implied Warranty of Habitability (N.J.S.A. 2A:42-85 et seq. and common law): Every residential lease in New Jersey carries an implied warranty that the landlord will maintain the unit in a habitable condition. Landlords must maintain working heat (minimum 68°F when outdoor temperatures fall below 55°F), hot and cold running water, structurally safe premises, and freedom from rodent or insect infestation. If habitability is substantially breached and the landlord fails to repair after reasonable notice, tenants may be entitled to rent withholding, rent abatement, or repair-and-deduct remedies as recognized under New Jersey case law (see Marini v. Ireland, 56 N.J. 130 (1970)).
Security Deposit Rules (N.J.S.A. 46:8-19 through 46:8-26): New Jersey caps security deposits at 1.5 months' rent at the start of a tenancy. Landlords must deposit security funds in an interest-bearing account at a New Jersey bank and notify the tenant of the account details within 30 days of receiving the deposit. Tenants earn interest annually. See the dedicated Security Deposit section below for return deadlines and penalties.
Anti-Retaliation (N.J.S.A. 2A:42-10.10 through 2A:42-10.12): A landlord may not evict, raise rent, reduce services, or otherwise retaliate against a tenant for reporting housing code violations to a government agency, organizing with other tenants, or exercising any legal right. Retaliation creates a defense to eviction and may entitle the tenant to damages.
Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.): Self-help evictions — including changing locks, removing doors or windows, or willfully cutting off heat, water, gas, or electricity — are illegal in New Jersey. A landlord who engages in such conduct may face civil liability and criminal charges.
Truth in Renting Act (N.J.S.A. 46:8-43 through 46:8-51): Landlords of buildings with more than two units must provide new tenants with a copy of the State of New Jersey's official Truth in Renting statement, which summarizes tenant rights. Failure to do so does not invalidate the lease but is a violation of state law.
Lease Disclosure Requirements (N.J.S.A. 46:8-48): Landlords must include the names and addresses of all persons authorized to manage the property and receive legal notices, so tenants know whom to contact for repairs or legal service.
Security deposit rules in Hillsborough are governed entirely by New Jersey's Security Deposit Law, N.J.S.A. 46:8-19 through 46:8-26.
Cap: At the start of a tenancy, a landlord may collect no more than 1.5 months' rent as a security deposit. After the first year, the landlord may increase the deposit, but only by 10% of the current deposit per year (N.J.S.A. 46:8-21.2).
Interest and Account: The landlord must place the deposit in an interest-bearing account at a New Jersey financial institution and notify the tenant in writing within 30 days of the account name, address, and amount deposited (N.J.S.A. 46:8-19). Interest accrues to the tenant and must be paid annually or credited against rent, at the tenant's option.
Return Deadline: Within 30 days after the tenancy ends, the landlord must return the deposit (plus accrued interest) minus any lawful deductions, along with an itemized written statement of any deductions. If the landlord has not received the tenant's forwarding address, the clock runs from the date the forwarding address is provided (N.J.S.A. 46:8-21.1). If the rental unit was damaged by a fire or other casualty, a shorter 15-day window may apply in limited circumstances.
Penalty for Wrongful Withholding: If a landlord willfully fails to return the deposit within the required period, the tenant may sue for double the amount of the deposit wrongfully withheld, plus reasonable attorney's fees and court costs (N.J.S.A. 46:8-21.1). This is a significant financial penalty designed to deter landlords from improperly keeping deposits.
Allowable Deductions: Landlords may only deduct for unpaid rent and for damage beyond normal wear and tear. Courts and the NJ Division of Consumer Affairs consistently hold that routine cleaning, painting after ordinary use, and minor scuffs are normal wear and tear and cannot be charged to the tenant.
Evictions in Hillsborough must follow New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) and the summary dispossess procedures in N.J.S.A. 2A:18-53 through 2A:18-60. New Jersey is a just-cause eviction state, meaning a landlord cannot remove a residential tenant without proving a legally specified ground.
Just-Cause Grounds (N.J.S.A. 2A:18-61.1): Permitted reasons include nonpayment of rent, habitual late payment, disorderly conduct, willful damage to the property, violation of a lease term (after written notice and reasonable time to cure), landlord's desire to permanently retire the unit from residential use, conversion to condominium (with extensive notice requirements), and several others. The landlord must prove the applicable ground in court.
Required Notices Before Filing:
Court Process: The landlord files a Complaint for Possession in the Somerset County Special Civil Part (landlord-tenant court) at the Somerset County Courthouse in Somerville. A hearing is typically scheduled within 10–30 days. Both parties appear; the tenant has the right to present a defense. If the landlord prevails, the court issues a Judgment for Possession.
Warrant for Removal: After judgment, the landlord must obtain a Warrant for Removal. There is a mandatory three-business-day lockout delay after the warrant is issued (N.J. Court Rules, R. 6:7-1). Only a court officer (Special Civil Part Officer) may execute the lockout — landlords may not do so themselves.
Self-Help Eviction Is Illegal: Changing locks, removing the tenant's belongings, or shutting off utilities to force a tenant out without a court order is illegal under New Jersey law (N.J.S.A. 2A:39-1 et seq.) and can subject a landlord to civil damages and criminal penalties. If your landlord does this, contact local police and a tenant attorney immediately.
This article is provided for informational purposes only and does not constitute legal advice. The information presented reflects New Jersey landlord-tenant law as of April 2026 and is intended to give Hillsborough renters a general understanding of their rights. Laws and local ordinances can change, and the application of any law depends on the specific facts of your situation. For advice about your individual circumstances, consult a licensed New Jersey attorney or contact a legal aid organization serving Somerset County. RentCheckMe does not represent or warrant the completeness, accuracy, or currency of the information herein.
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