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Totowa is a small borough in Passaic County, New Jersey, with a population of roughly 11,000 residents. While the borough is predominantly composed of single-family homes and owner-occupied housing, renters in Totowa benefit from some of the strongest statewide tenant protections in the United States, codified primarily under 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.).
Renters in Totowa most commonly seek information about security deposit returns, their right to a habitable unit, protections against retaliatory eviction, and the notice their landlord must provide before ending a tenancy. Because Totowa has not enacted any local rent control or tenant protection ordinances beyond what state law provides, New Jersey statutes form the complete framework governing the landlord-tenant relationship here.
This page is for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary — if you have a specific dispute with your landlord, consult a licensed New Jersey attorney or contact a local legal aid organization.
Totowa does not have a rent control ordinance. Unlike cities such as Newark, Jersey City, or Hoboken, Totowa has never enacted a local rent stabilization or rent control law. New Jersey does not preempt municipalities from passing rent control — in fact, N.J.S.A. 2A:42-84.1 expressly authorizes local rent control ordinances — but Totowa has simply chosen not to adopt one.
In practical terms, this means that landlords in Totowa are free to raise rent by any amount, at any time, as long as they provide proper advance written notice before the new rent takes effect. For a month-to-month tenancy, a full rental period's notice (typically 30 days) is required before a rent increase becomes enforceable. For fixed-term leases, the rent is locked in for the duration of the lease and can only be changed upon renewal.
Renters should be aware that even without rent control, landlords cannot raise rent in retaliation for a tenant exercising a legal right — such as complaining about habitability — under New Jersey's anti-retaliation statute, N.J.S.A. 2A:42-10.10.
New Jersey provides robust statewide tenant protections that apply to all Totowa renters regardless of the absence of local ordinances.
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 functioning heat, hot water, structural integrity, pest control, and compliance with applicable housing codes. If a landlord fails to make essential repairs, tenants may pursue remedies including rent withholding (paid into court escrow) or repair-and-deduct in limited circumstances — though tenants should consult legal aid before doing so.
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 months' rent. The deposit must be placed in an interest-bearing account at a New Jersey bank, and the tenant must be notified of the bank name and account number within 30 days of receiving the deposit. Annual interest or earnings must be credited to the tenant.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must provide one full rental period's written notice to terminate. For yearly leases, the landlord must provide notice at least one month prior to the end of the lease term if they do not intend to renew.
Anti-Retaliation Protection (N.J.S.A. 2A:42-10.10): A landlord may not increase rent, decrease services, or commence eviction proceedings against a tenant in retaliation for reporting housing code violations to a government agency, complaining to the landlord about habitability, or organizing or joining a tenant association. Retaliatory conduct within 90 days of a protected act creates a rebuttable presumption of retaliation.
Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.): Self-help eviction — including changing locks, removing doors or windows, or shutting off utilities to force a tenant out — is illegal in New Jersey. Landlords must use the court eviction process. A tenant subjected to an illegal lockout may seek emergency court relief and may be entitled to damages.
Truth in Renting Act (N.J.S.A. 46:8-43 et seq.): Landlords of buildings with more than two units must provide new tenants with the New Jersey Department of Community Affairs' official Truth in Renting statement, which summarizes tenant and landlord rights and responsibilities. Failure to provide this statement may be a defense in certain proceedings.
New Jersey's Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) governs all aspects of security deposits for Totowa renters.
Maximum Amount: At the start of a tenancy, a landlord may collect no more than one and one-half (1.5) months' rent as a security deposit. In subsequent years, the landlord may collect an additional 10% of the current deposit amount per year, but the total deposit may never exceed one and one-half months' rent based on the then-current monthly rent.
Deposit Holding Requirements: The landlord must deposit the funds in a federally insured, interest-bearing savings account in a New Jersey institution. Within 30 days of receiving the deposit, the landlord must provide the tenant with written notice of the name and address of the bank and the account number. The landlord must annually notify the tenant of the account balance and accrued interest (N.J.S.A. 46:8-19).
Return Deadline: Upon termination of the tenancy, the landlord must return the security deposit (plus accrued interest, less lawful deductions) within 30 days after the tenant vacates and returns the keys — or within 15 days of receiving the tenant's new mailing address, whichever is later (N.J.S.A. 46:8-21.1). Allowable deductions are limited to unpaid rent and documented damages beyond normal wear and tear; the landlord must provide an itemized written statement of any deductions.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within the required time, or wrongfully withholds all or part of the deposit, the tenant is entitled to double the amount wrongfully withheld, plus reasonable attorney's fees, in a civil action (N.J.S.A. 46:8-21.1). Tenants may file suit in Small Claims Court (up to $5,000) or Special Civil Part for larger amounts.
New Jersey is one of the most tenant-protective states in the country regarding eviction. The Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) requires that a landlord have one of 18 specific just-cause grounds before evicting a residential tenant. This applies to virtually all residential tenants in Totowa.
Just-Cause Grounds include, among others: nonpayment of rent; habitual late payment of rent; disorderly conduct; willful property damage; violation of a lease term after written notice to cure; conviction of certain drug offenses on the premises; and the landlord's good-faith need to permanently retire the unit from residential use (N.J.S.A. 2A:18-61.1(a) through (l)).
Notice Requirements Before Filing: The required notice depends on the grounds for eviction. Common notice periods include:
Court Filing & Hearing (N.J.S.A. 2A:18-53 et seq.): If the tenant does not vacate after proper notice, the landlord must file a complaint in the Landlord-Tenant Section of the New Jersey Superior Court, Special Civil Part, in Passaic County. The tenant will receive a summons with a court date. Both parties appear before a judge; tenants have the right to raise defenses including habitability issues, improper notice, retaliation, and payment of rent owed.
Warrant for Removal: If the court rules in the landlord's favor, a judgment for possession is entered. The landlord must then request a Warrant for Removal; there is typically a mandatory three-business-day stay before the warrant is executed by a court officer. Tenants may apply to the court to stay the warrant for up to seven days under N.J.S.A. 2A:42-10.6 in hardship cases.
Self-Help Eviction Is Illegal: A landlord who locks out a tenant, removes belongings, shuts off utilities, or uses any other self-help measure to force a tenant out — without a court order — violates New Jersey law. A tenant in this situation can seek an emergency court order (Order to Show Cause) restoring possession, and may be entitled to damages and attorney's fees.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including New Jersey statutes and any applicable local ordinances — are subject to change, and the application of these laws varies depending on the specific facts of each situation. Nothing on this page creates an attorney-client relationship. If you have a dispute with your landlord or need guidance about your specific circumstances, you should consult a licensed New Jersey attorney or contact a qualified legal aid organization. RentCheckMe makes no representations or warranties regarding the completeness or accuracy of this information and is not responsible for any actions taken in reliance on it.
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