Tenant Rights in Westwood, New Jersey

Key Takeaways

  • None — Westwood has no local rent control ordinance; NJ law does not preempt municipalities from enacting one, but Westwood has not done so.
  • Must be returned within 30 days of lease end (or 15 days of receiving forwarding address, whichever is later); wrongful withholding allows tenant to recover double the deposit amount under N.J.S.A. 46:8-21.1.
  • One full rental period (typically 30 days) written notice required for month-to-month tenancies under N.J.S.A. 2A:18-56.
  • Required — New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) mandates a legally recognized cause for all residential evictions statewide.
  • Legal Services of New Jersey, Northeast New Jersey Legal Services, NJ Division of Consumer Affairs

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1. Overview: Tenant Rights in Westwood

Westwood is a borough in Bergen County, New Jersey, with a population of approximately 11,000 residents. Like much of Bergen County, Westwood has a mix of homeowners and renters, and tenants here benefit from some of the strongest statewide landlord-tenant protections in the United States. New Jersey's Anti-Eviction Act, security deposit statute, and Truth in Renting Act collectively give Westwood renters meaningful rights that go well beyond what many other states offer.

Renters in Westwood most commonly search for information about security deposit returns, rent increase limits, and what their landlord can and cannot do before or during an eviction. Because Westwood has no local rent control ordinance, state law governs all landlord-tenant relationships here. Understanding those statutes — including N.J.S.A. 46:8-1 et seq. and N.J.S.A. 2A:18-61.1 — is essential for protecting your rights as a renter in this borough.

This page is an informational resource only and does not constitute legal advice. Laws and local practices can change; renters facing specific legal issues should consult a licensed New Jersey attorney or contact a local legal aid organization for guidance tailored to their situation.

2. Does Westwood Have Rent Control?

Westwood does not have a local rent control ordinance. New Jersey state law does not preempt municipalities from enacting rent control — in fact, dozens of New Jersey cities and towns do have their own rent control laws — but Westwood Borough has not adopted one. This means there is currently no cap on how much a landlord can raise rent in Westwood, and increases can take effect with proper written notice.

Without rent control, a landlord in Westwood may raise rent to any amount, provided they give the tenant adequate advance written notice as required by N.J.S.A. 2A:18-56 (one full rental period for month-to-month leases) and the terms of any existing lease agreement. Fixed-term leases (e.g., a one-year lease) cannot be unilaterally increased mid-term; any rent increase takes effect only upon renewal or at the start of a new tenancy.

Renters who believe a rent increase is retaliatory — for example, issued after they complained about habitability conditions — may have protections under New Jersey's anti-retaliation statute, N.J.S.A. 2A:42-10.10. A retaliatory rent increase can be challenged in court even in the absence of rent control.

3. New Jersey State Tenant Protections That Apply in Westwood

Implied Warranty of Habitability (N.J.S.A. 2A:42-10.16 & Common Law): New Jersey landlords are legally required to maintain rental units in a safe, decent, and habitable condition. This includes providing functioning heat, hot water, plumbing, electrical systems, and structural soundness. If a landlord fails to make necessary repairs after receiving written notice, tenants may pursue remedies including rent withholding, rent reduction, or repair-and-deduct depending on circumstances — courts adjudicate these under the New Jersey habitability doctrine established in Marini v. Ireland (1970) and subsequent statutes.

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 a statement of tenant rights approved by the New Jersey Department of Community Affairs (DCA) at lease signing. Failure to provide this document can itself constitute a violation.

Security Deposit Rules (N.J.S.A. 46:8-19 through 46:8-26): Security deposits are capped at one and one-half months' rent for new tenancies. Landlords must deposit the funds in an interest-bearing account and notify the tenant of the bank name, address, and account number within 30 days of receipt. Tenants earn interest on their deposit 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 termination. For weekly tenancies, seven days' notice is required. Fixed-term leases expire on the agreed end date, though New Jersey's Anti-Eviction Act still requires just cause even after expiration.

Anti-Retaliation Protections (N.J.S.A. 2A:42-10.10 through 10.14): A landlord may not evict, raise rent, reduce services, or otherwise retaliate against a tenant for complaining to authorities about housing conditions, organizing a tenant association, or exercising any legal right. Retaliatory conduct creates a presumption in favor of the tenant in any eviction proceeding brought within 90 days of protected activity.

Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq. & common law): 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 obtain a court judgment and use a Special Civil Part Officer (court officer) to remove a tenant lawfully.

4. Security Deposit Rules in Westwood

New Jersey's security deposit law, N.J.S.A. 46:8-19 through 46:8-26, provides strong protections for Westwood renters. The maximum security deposit a landlord may collect for a new tenancy is one and one-half months' rent. During an ongoing tenancy, the landlord may request an additional deposit only to bring the total up to one and one-half months of the current rent if rent has been increased, and only once per year.

Landlords must place the deposit in a separate, interest-bearing savings account at a New Jersey financial institution. Within 30 days of receiving the deposit, the landlord must provide the tenant with written notice identifying the bank name, address, branch, and account number. The tenant is entitled to annual interest payments (or credits toward rent) on the deposited funds.

Upon termination of the tenancy, the landlord must return the full deposit plus accrued interest within 30 days after the tenant vacates and provides a forwarding address — or within 15 days of receiving the tenant's forwarding address, whichever is later (N.J.S.A. 46:8-21.1). If the landlord withholds any portion of the deposit, they must provide the tenant with an itemized written statement of deductions within that same window.

If the landlord wrongfully withholds the deposit or fails to comply with these procedural requirements, the tenant may sue and recover double the amount wrongfully withheld, plus reasonable attorney's fees, under N.J.S.A. 46:8-21.1. Claims can be filed in New Jersey Small Claims Court (Special Civil Part) for amounts up to $5,000, or in the Law Division for larger amounts.

5. Eviction Process and Your Rights in Westwood

New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) requires a landlord to have a legally recognized just cause before evicting any residential tenant in Westwood — including after a lease expires. This applies to virtually all residential tenants in buildings with more than one unit. Recognized grounds for eviction include nonpayment of rent, habitual late payment, disorderly conduct, lease violations, damage to the unit, illegal activity, and certain owner-occupancy situations, among others specifically listed in the statute.

Step 1 — Notice: Before filing in court, the landlord must serve the tenant with a written notice that identifies the grounds for eviction and, in many cases, gives the tenant an opportunity to cure. For nonpayment of rent, the landlord must provide a written notice to quit and demand for payment, typically allowing at least three days. For lease violations, the notice period and cure opportunity depend on the specific violation under N.J.S.A. 2A:18-61.2.

Step 2 — Filing a Complaint: If the tenant does not vacate or cure the violation, the landlord files a Complaint for Possession in the Special Civil Part of New Jersey Superior Court in Bergen County. Both parties receive a court date, typically within a few weeks of filing.

Step 3 — Hearing: The tenant has the right to appear and present a defense at the hearing. Defenses can include payment of back rent, improper notice, retaliatory eviction, habitability issues, or procedural defects. Legal aid organizations can assist tenants in preparing a defense.

Step 4 — Judgment and Warrant of Removal: If the court rules in the landlord's favor, a Judgment for Possession is entered. The landlord must then request a Warrant of Removal, which is served by a Special Civil Part Officer. The tenant generally has a brief period after service of the warrant to vacate. A court may grant a hardship stay of up to six months under N.J.S.A. 2A:42-10.6.

Self-Help Eviction Is Illegal: Under New Jersey law and N.J.S.A. 2A:39-1 et seq., a landlord who changes the locks, removes the tenant's belongings, shuts off utilities, or otherwise attempts to remove a tenant without a court order commits an unlawful act. Tenants subject to self-help eviction may seek emergency relief in Superior Court and may be entitled to damages.

6. Resources for Westwood Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. While we strive to keep this content accurate and up to date as of April 2026, New Jersey landlord-tenant laws, local ordinances, and court interpretations can change. Renters in Westwood facing specific legal issues — including eviction, security deposit disputes, or habitability problems — should consult a licensed New Jersey attorney or contact a qualified legal aid organization such as Northeast New Jersey Legal Services or Legal Services of New Jersey. RentCheckMe is not a law firm and no attorney-client relationship is created by use of this site.

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Frequently Asked Questions

Does Westwood have rent control?
No, Westwood Borough does not have a local rent control ordinance. New Jersey law does not preempt municipalities from passing rent control, and many NJ cities have done so, but Westwood has not adopted one. This means landlords in Westwood can charge any rent amount and raise rent to any level, subject only to proper notice requirements under N.J.S.A. 2A:18-56.
How much can my landlord raise my rent in Westwood?
Because Westwood has no rent control ordinance, there is no legal cap on rent increases. A landlord may raise rent to any amount, provided they give written notice of at least one full rental period in advance for month-to-month tenants under N.J.S.A. 2A:18-56, and the increase cannot take effect during a fixed-term lease. A rent increase issued in retaliation for a tenant exercising legal rights may be challenged under N.J.S.A. 2A:42-10.10.
How long does my landlord have to return my security deposit in Westwood?
Under N.J.S.A. 46:8-21.1, your landlord must return your security deposit plus accrued interest within 30 days after you vacate and provide a forwarding address — or within 15 days of receiving your forwarding address, whichever is later. If the landlord wrongfully withholds the deposit or fails to provide an itemized written statement of deductions within that window, you may sue for double the amount wrongfully withheld, plus attorney's fees.
What notice does my landlord need before evicting me in Westwood?
New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) requires just cause for all residential evictions. Before filing in court, your landlord must serve a written notice stating the grounds for eviction; for nonpayment of rent this is typically a three-day notice to quit, while lease-violation notices vary by type under N.J.S.A. 2A:18-61.2. Your landlord cannot evict you without a court judgment even after a lease expires.
Can my landlord lock me out or shut off utilities in Westwood?
No. Self-help eviction — including changing your locks, removing your belongings, or cutting off utilities to force you out — is illegal in New Jersey under N.J.S.A. 2A:39-1 et seq. A landlord must obtain a court Judgment for Possession and a Warrant of Removal served by a court officer before you can be lawfully removed. If your landlord locks you out or shuts off your utilities, you may seek immediate relief in Superior Court and may be entitled to damages.
What can I do if my landlord refuses to make repairs in Westwood?
New Jersey landlords are required to maintain rental units in a habitable condition under the implied warranty of habitability recognized by New Jersey courts and N.J.S.A. 2A:42-10.16. You should notify your landlord of needed repairs in writing and keep a copy. If the landlord fails to act, you may file a complaint with the Westwood Borough Construction/Code Enforcement office, contact the NJ Department of Community Affairs, or pursue remedies in court including rent withholding or rent reduction — ideally with guidance from a legal aid attorney.

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