Tenant Rights in Paramus, New Jersey

Key Takeaways

  • None — Paramus has not enacted a rent control ordinance; NJ law permits but does not require municipalities to adopt rent control.
  • Returned within 30 days of lease end (or 5 days after a casualty loss); wrongful withholding may result in double-damages under N.J.S.A. 46:8-21.1.
  • 1 full calendar month written notice required for month-to-month tenancies under N.J.S.A. 2A:18-56.
  • Required — landlords must have a statutory 'good cause' reason to evict under the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.).
  • Bergen County Legal Services, Legal Services of New Jersey, NJ Division on Civil Rights

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1. Overview: Tenant Rights in Paramus

Paramus is a predominantly residential and retail borough in Bergen County, New Jersey, home to roughly 26,000 residents. While the borough is best known for its major shopping corridors along Routes 4 and 17, a meaningful share of its population rents apartments and townhomes, making an understanding of New Jersey's landlord-tenant framework essential for local renters.

Unlike many New Jersey municipalities such as Newark or Jersey City, Paramus has not enacted any local rent control ordinance or additional tenant-protection legislation. Renters in Paramus are therefore governed entirely by New Jersey state law — principally the New Jersey Tenant Protection Act, the Anti-Eviction Act (N.J.S.A. 2A:18-61.1), the Security Deposit Law (N.J.S.A. 46:8-19 through 26), and the Truth in Renting Act (N.J.S.A. 46:8-43). These statutes collectively establish robust baseline rights covering habitability, deposit handling, eviction procedure, and anti-retaliation.

This article explains those state-law protections as they apply to Paramus renters. It is intended as general educational information only and does not constitute legal advice. If your situation involves a specific dispute or potential court action, consult a licensed New Jersey attorney or contact Bergen County Legal Services.

2. Does Paramus Have Rent Control?

Paramus has no rent control ordinance. New Jersey does not preempt municipalities from adopting rent control — in fact, the New Jersey Supreme Court confirmed local rent-control authority in Helmsley v. Fort Lee (1977) — but Paramus Borough has simply chosen not to enact one. Dozens of New Jersey municipalities (including Hackensack, Teaneck, and Englewood within Bergen County) have passed their own rent leveling or rent stabilization ordinances; Paramus is not among them.

What this means in practice: a Paramus landlord may raise rent by any amount at the end of a lease term or, for month-to-month tenancies, with proper written notice of at least one calendar month under N.J.S.A. 2A:18-56. There is no cap on the percentage or dollar amount of a rent increase in Paramus, and no requirement that a landlord justify the amount of an increase. However, a landlord cannot raise rent during a fixed-term lease unless the lease expressly permits it, and cannot raise rent in retaliation for a tenant exercising a legal right (see anti-retaliation protections under N.J.S.A. 2A:42-10.10).

Renters seeking rent stabilization should check the borough's official website periodically, as municipal councils may adopt new ordinances at any time. The most current information can be verified through Paramus Borough Hall at (201) 265-2100 or at paramusborough.org.

3. New Jersey State Tenant Protections That Apply in Paramus

New Jersey provides a comprehensive set of statewide tenant protections that apply in full to Paramus renters. Key protections include:

Implied Warranty of Habitability (N.J.S.A. 2A:42-10.10; Marini v. Ireland, 56 N.J. 130 (1970)): Every residential rental unit in New Jersey must be maintained in a safe, sanitary, and habitable condition. Landlords are legally required to keep essential services — heat, hot water, plumbing, electrical systems, and structural integrity — in good repair. If a landlord fails to address serious defects, tenants may have the right to repair-and-deduct or to withhold rent through a court escrow proceeding.

Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26): Landlords must hold security deposits in a separate, interest-bearing account and notify the tenant of the bank name, address, and account number within 30 days of receiving the deposit (N.J.S.A. 46:8-19). The deposit must be returned with an itemized statement within 30 days after lease termination (or 5 days after a fire or flood), and wrongful withholding entitles the tenant to double damages (N.J.S.A. 46:8-21.1).

Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must give at least one full calendar month's written notice before termination. For week-to-week tenancies, seven days' written notice is required. A landlord seeking to non-renew a fixed-term lease must provide adequate written notice as specified in the lease or, absent a provision, reasonable notice.

Anti-Retaliation Protection (N.J.S.A. 2A:42-10.10 through 10.14): A landlord may not evict, raise rent, reduce services, or otherwise penalize a tenant in retaliation for reporting housing code violations to a government agency, organizing with other tenants, or exercising any other legal right. A court may presume retaliation if adverse action is taken within 90 days of a protected activity.

Lockout and Utility-Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.; N.J.S.A. 2A:42-10.10): 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 face liability for damages, penalties, and attorney's fees. Tenants subjected to such conduct may seek immediate emergency relief in Superior Court.

Truth in Renting Act (N.J.S.A. 46:8-43 through 46:8-51): Landlords of buildings with three or more units must provide every new tenant with the state-issued 'Truth in Renting' statement summarizing tenant rights and responsibilities. Failure to do so does not void a lease but may expose the landlord to a civil penalty.

4. Security Deposit Rules in Paramus

New Jersey's Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) governs all residential security deposits in Paramus.

Cap on Amount: For most residential leases, the initial security deposit may not exceed one and one-half months' rent (N.J.S.A. 46:8-21.2). Annual increases to the deposit are capped at 10% of the current deposit amount.

Holding Requirement: The landlord must deposit the funds in a separate, interest-bearing account at a New Jersey financial institution and must notify the tenant in writing within 30 days of the bank's name and address, the account number, and the current interest rate (N.J.S.A. 46:8-19). The landlord may not commingle the deposit with personal or business funds.

Return Deadline: After the lease ends, the landlord has 30 days to return the deposit (plus accrued interest) along with an itemized written statement of any deductions. If the unit is rendered uninhabitable by fire, flood, or other casualty, the deadline shortens to 5 days (N.J.S.A. 46:8-21.1).

Penalty for Non-Compliance: If a landlord wrongfully withholds any portion of the deposit or fails to comply with the notice or holding requirements, the tenant is entitled to recover double the amount wrongfully withheld, plus court costs (N.J.S.A. 46:8-21.1). The tenant should send a written demand before filing a small-claims action in the Bergen County Special Civil Part.

Normal Wear and Tear: Landlords may not deduct for ordinary wear and tear — only for damage beyond what is expected from normal, reasonable use of the premises.

5. Eviction Process and Your Rights in Paramus

Evictions in Paramus are governed by New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) and the Landlord-Tenant statute (N.J.S.A. 2A:18-53 et seq.). New Jersey has some of the strongest eviction protections in the United States.

Good Cause Requirement: A landlord cannot evict a residential tenant without proving one of the statutory good-cause grounds listed in N.J.S.A. 2A:18-61.1. Accepted grounds include: nonpayment of rent; habitual late payment; disorderly conduct; willful destruction of property; violation of a reasonable lease rule; conviction of certain crimes on the premises; owner or immediate-family occupancy; and others enumerated in the statute. A landlord who simply wishes to end a tenancy without cause — often called a 'no-fault' eviction — is generally not permitted to do so for standard residential tenants.

Notice Periods: Before filing in court, the landlord must serve written notice appropriate to the ground for eviction:

Court Process: After proper notice, the landlord files a Complaint for Possession in the Special Civil Part of Bergen County Superior Court (Bergen County Justice Center, 10 Main Street, Hackensack). The court schedules a hearing, typically within a few weeks. Both parties appear before a judge; the tenant has the right to present defenses and counterclaims. If the landlord prevails, the court issues a judgment for possession. The tenant then generally has a 3-to-10-day period before a Warrant for Removal is issued, though hardship stays are available.

Lockout Prohibition: A landlord may never use self-help to remove a tenant. Changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings without a court order are all illegal under N.J.S.A. 2A:39-1 et seq. and N.J.S.A. 2A:42-10.10. A tenant subjected to an illegal lockout may seek emergency relief — including re-entry and damages — from the court immediately.

6. Resources for Paramus Tenants

The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws — including New Jersey statutes and any future Paramus municipal ordinances — can change, and individual circumstances vary significantly. Renters facing a specific housing dispute, eviction proceeding, or potential legal claim should consult a licensed New Jersey attorney or contact Bergen County Legal Services or Legal Services of New Jersey for guidance specific to their situation. RentCheckMe makes no warranty as to the accuracy, completeness, or current applicability of any information presented here.

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Frequently Asked Questions

Does Paramus have rent control?
No. Paramus Borough has not enacted a rent control or rent stabilization ordinance. New Jersey law allows municipalities to adopt their own rent control, and many do, but Paramus is not among them. As a result, Paramus landlords may charge market-rate rent and raise rent by any amount at lease renewal with proper advance notice.
How much can my landlord raise my rent in Paramus?
Because Paramus has no rent control ordinance, there is no legal cap on how much a landlord can raise rent in Paramus. For a month-to-month tenancy, the landlord must give at least one full calendar month's written notice of the increase under N.J.S.A. 2A:18-56. During a fixed-term lease, rent cannot be raised unless the lease itself expressly permits an increase. A landlord also cannot raise rent in retaliation for a tenant exercising a legal right under N.J.S.A. 2A:42-10.10.
How long does my landlord have to return my security deposit in Paramus?
Under N.J.S.A. 46:8-21.1, a Paramus landlord must return your security deposit — along with accrued interest and an itemized list of any deductions — within 30 days after the end of the tenancy. If the unit was rendered uninhabitable by fire, flood, or other casualty, the deadline shortens to 5 days. If the landlord fails to comply or wrongfully withholds any portion, you are entitled to double the withheld amount as damages, plus court costs.
What notice does my landlord need before evicting me in Paramus?
The required notice depends on the reason for eviction. For nonpayment of rent, the landlord must serve a written demand for payment before filing in court. For lease violations other than nonpayment, the landlord must serve a notice to cease and then a notice to quit — typically one month — under N.J.S.A. 2A:18-61.2. For month-to-month terminations where a statutory good-cause ground applies, at least one full calendar month's written notice is required under N.J.S.A. 2A:18-56. New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) also requires that a landlord have a valid statutory reason before evicting any residential tenant.
Can my landlord lock me out or shut off utilities in Paramus?
No. Self-help eviction is illegal in New Jersey. Under N.J.S.A. 2A:39-1 et seq. and N.J.S.A. 2A:42-10.10, a landlord is prohibited from changing your locks, removing doors or windows, shutting off heat, water, or electricity, or removing your belongings to force you out without a court order. If your landlord does any of these things, you can seek emergency injunctive relief — including re-entry and monetary damages — in the Bergen County Superior Court Special Civil Part.
What can I do if my landlord refuses to make repairs in Paramus?
New Jersey's implied warranty of habitability — recognized in <em>Marini v. Ireland</em>, 56 N.J. 130 (1970), and codified in N.J.S.A. 2A:42-10.10 — requires your landlord to maintain the unit in a safe, livable condition. If the landlord refuses to fix serious defects (lack of heat, water leaks, structural problems), you can report the violation to the Paramus Borough construction or health office, or to the NJ Division of Codes and Standards. In serious cases, New Jersey courts allow tenants to pay rent into court escrow or pursue a rent reduction until repairs are completed. You may also contact Bergen County Legal Services for assistance asserting these rights.

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