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Wallington is a small, densely populated borough in Bergen County, New Jersey, with a significant share of residents who rent their homes. Like all municipalities in New Jersey, Wallington operates under a comprehensive statewide framework of landlord-tenant law that provides meaningful protections even in the absence of local rent control or local ordinances beyond state requirements.
New Jersey is widely regarded as one of the stronger states for tenant protections in the country. Renters in Wallington benefit from the New Jersey Anti-Eviction Act, the Security Deposit Law, the Truth in Renting Act, and the implied warranty of habitability — all enforceable rights regardless of what a lease says. The most common questions Wallington renters have relate to security deposit returns, rent increases, eviction procedures, and landlord repair obligations.
This page provides a factual summary of the laws that apply to renters in Wallington, NJ as of April 2026. It is intended for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed New Jersey attorney or contact a local legal aid organization.
No Rent Control in Wallington: The Borough of Wallington has not enacted a local rent control or rent stabilization ordinance. New Jersey does not preempt municipalities from adopting rent control — in fact, dozens of NJ cities and towns have done so — but Wallington has chosen not to adopt such an ordinance.
Because there is no local rent control ordinance and no statewide rent control statute in New Jersey, landlords in Wallington may generally raise rents by any amount at the end of a lease term or upon proper notice during a month-to-month tenancy. For month-to-month tenants, the landlord must provide at least one month's written notice before a rent increase takes effect (N.J.S.A. 2A:18-56). For fixed-term leases, the landlord may propose a new rent at renewal, and the tenant may accept, negotiate, or vacate.
In practice, this means Wallington renters have no cap on how much rent can be raised between lease terms. However, a landlord cannot raise rent in retaliation for a tenant exercising a legal right — such as complaining about housing code violations — as that would violate N.J.S.A. 2A:42-10.10 (the anti-retaliation statute).
New Jersey provides a strong set of statewide tenant protections that apply to all renters in Wallington:
Warranty of Habitability (N.J.S.A. 2A:42-10.16; case law: Marini v. Ireland, 56 N.J. 130 (1970)): Every residential landlord in New Jersey is required to maintain rental units in a safe, livable condition. This includes functioning heat, hot water, plumbing, electrical systems, and freedom from serious pest infestations or structural hazards. If a landlord fails to make necessary repairs after proper notice, tenants may have remedies including rent withholding, repair-and-deduct, or lease termination, depending on the severity of the conditions.
Security Deposit Rules (N.J.S.A. 46:8-19 through 46:8-26): New Jersey caps security deposits at one and one-half times the monthly rent. Landlords must hold deposits in a separate, interest-bearing account and notify tenants in writing of the bank and account details within 30 days. At the end of tenancy, landlords must return the deposit (plus interest) within 30 days, with an itemized written statement of any deductions.
Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.): New Jersey requires landlords to have a legally recognized just cause to evict any residential tenant. Landlords cannot simply terminate tenancy without a statutory ground, regardless of lease terms. This is one of the strongest tenant protections in the state.
Anti-Retaliation (N.J.S.A. 2A:42-10.10): Landlords are prohibited from evicting, raising rent, reducing services, or harassing tenants in retaliation for reporting housing code violations, organizing with other tenants, or exercising any legal right. A tenant who faces retaliation has a defense in eviction proceedings and may pursue damages.
Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.): Self-help eviction — including changing locks, removing doors, or shutting off utilities to force a tenant out — is illegal in New Jersey. Only a court order and a Special Civil Part Officer may lawfully remove a tenant. Landlords who engage in self-help eviction may face civil liability.
Truth in Renting Act (N.J.S.A. 46:8-43 et seq.): Landlords of buildings with more than two units must provide tenants with the New Jersey Department of Community Affairs' "Truth in Renting" statement at lease signing, which summarizes tenant and landlord rights and responsibilities.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either the landlord or tenant must give at least one month's written notice to terminate. For week-to-week tenancies, one week's notice is required.
Security Deposit Cap: Under N.J.S.A. 46:8-21.2, a landlord in Wallington may collect a maximum security deposit of one and one-half (1.5) times the monthly rent at the start of tenancy. After the first year, a landlord may collect an additional 10% of the existing deposit per year to account for rent increases, but the total deposit can never exceed one and one-half months' rent at the new rate.
Holding the Deposit: The landlord must deposit the funds in a separate interest-bearing account at a New Jersey bank and notify the tenant in writing within 30 days of the name and address of the bank, the account number, and the amount deposited (N.J.S.A. 46:8-19). Interest earned belongs to the tenant and must be paid annually or credited against rent.
Return Deadline: After the tenancy ends, the landlord has 30 days to return the security deposit plus accrued interest, along with an itemized written statement of any deductions for unpaid rent or damages beyond normal wear and tear (N.J.S.A. 46:8-21.1). If the tenancy ends due to fire, flood, or other casualty making the unit uninhabitable, the landlord has just five (5) days to return the deposit.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit within the required timeframe or wrongfully withholds any portion, the tenant is entitled to double the amount wrongfully withheld as damages, plus reasonable attorney's fees (N.J.S.A. 46:8-21.1). This is a significant financial penalty designed to deter landlords from improperly keeping deposits.
Practical Tip: Tenants should document the condition of the unit with dated photographs at move-in and move-out, provide a written forwarding address to the landlord in writing, and keep copies of all correspondence.
Just Cause Required: Under New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1), a landlord in Wallington must have a legally recognized just cause to evict a residential tenant. Acceptable grounds include nonpayment of rent, habitual late payment, disorderly conduct, destruction of property, violation of a lease term after written notice to cure, owner or family member occupancy (with restrictions), permanent retirement of the unit from the rental market, or certain other statutory grounds. A landlord cannot evict a tenant simply because a fixed-term lease has expired or because the landlord wants to raise rent and the tenant refuses.
Notice Requirements: Before filing for eviction, the landlord must serve the tenant with the appropriate written notice depending on the ground for eviction:
Court Filing: Eviction cases in New Jersey are filed in the Special Civil Part of the Superior Court. In Bergen County, this is handled at the Bergen County Justice Center. The landlord files a Complaint for Possession, and the court schedules a hearing, typically within a few weeks. Both parties may appear and present evidence.
Hearing and Judgment: If the judge finds in the landlord's favor, a Judgment for Possession is entered. The tenant then has a brief period — often three business days — before a Warrant for Removal may be issued. Only a Special Civil Part Officer (court officer) may physically remove a tenant pursuant to the warrant.
Self-Help Eviction is Illegal: A landlord who changes locks, removes the tenant's belongings, shuts off utilities, or otherwise attempts to force a tenant out without a court order violates N.J.S.A. 2A:39-1 et seq. and may face significant civil liability including damages and attorney's fees. Tenants subjected to self-help eviction should call law enforcement and contact legal aid immediately.
Tenant Defenses: Tenants may raise defenses including habitability violations, retaliatory eviction (N.J.S.A. 2A:42-10.10), discriminatory eviction (NJ Law Against Discrimination, N.J.S.A. 10:5-1 et seq.), or improper notice. Tenants facing eviction should seek legal assistance promptly.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances can change, and the application of any law depends on the specific facts of your situation. Wallington renters with legal questions or who are facing eviction, habitability issues, or other landlord disputes should consult a licensed New Jersey attorney or contact a qualified legal aid organization. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided, and this page should not be relied upon as a substitute for professional legal counsel.
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