Fairview is a compact borough of roughly 14,000 residents nestled in Bergen County, just across the Hudson River from New York City. A significant share of Fairview households are renters, many of them drawn to the area's convenient transit access and diverse community. Renters here frequently search for information on security deposit returns, eviction protections, and their landlord's repair obligations.
Fairview has adopted a local rent control ordinance, so renters here have a local cap on annual rent increases in addition to New Jersey's statewide tenant protections. However, New Jersey's statewide landlord-tenant statutes provide a robust baseline of protections that apply to every renter in the borough, including strong just-cause eviction requirements, habitability standards, and strict security deposit rules. Understanding these state-level rights is essential for every Fairview tenant.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you have a specific legal problem, consult a licensed New Jersey attorney or contact a local legal aid organization.
Yes — Fairview has rent control. Fairview is one of roughly 100 New Jersey municipalities that has adopted a local rent control (rent leveling) ordinance. The ordinance generally limits annual increases to 7% not less than $20.00 not more than $35.00. 3% for qualified seniors or disabled persons. It is administered by the municipality's rent control / rent leveling board, where tenants can file complaints and landlords can apply for hardship or capital-improvement increases.
New Jersey has no statewide rent cap, but state law lets municipalities adopt local rent control under their home-rule and police power (N.J.S.A. 40:48-2; Inganamort v. Fort Lee, 62 N.J. 521). Coverage, exemptions (such as owner-occupied small buildings or newer construction), and the exact current cap vary by ordinance — confirm yours with the Fairview rent control board before relying on a specific percentage. Beyond the rent cap, the Anti-Eviction Act (N.J.S.A. 2A:18-61.1) requires a landlord to have just cause to evict.
New Jersey's landlord-tenant statutes provide several critical protections that apply in full force in Fairview:
Warranty of Habitability (N.J.S.A. 2A:42-85 et seq. & Truth in Renting Act, N.J.S.A. 46:8-43 et seq.)
Every landlord in New Jersey must maintain rental units in a safe, decent, and sanitary condition. This includes functional heat, hot and cold running water, weatherproofing, structurally sound walls and roof, working plumbing and electrical systems, and freedom from vermin. If a landlord fails to address serious habitability defects after notice, tenants may pursue rent withholding, rent abatement, or repair-and-deduct remedies through Superior Court or the local housing court.
Security Deposit Rules (N.J.S.A. 46:8-19 through 46:8-26)
New Jersey caps security deposits at 1.5 months' rent for new tenancies. Landlords must hold deposits in a separate, interest-bearing account and provide written notice of the bank and account number within 30 days of receiving the deposit. Deposits must be returned — with an itemized deduction statement — within 30 days of the end of tenancy (or within 5 days if the tenant was displaced by fire, flood, or other casualty).
Anti-Eviction Act / Just-Cause Eviction (N.J.S.A. 2A:18-61.1)
New Jersey's Anti-Eviction Act prohibits a landlord from removing a residential tenant without first proving one of the statutorily enumerated grounds, such as nonpayment of rent, disorderly conduct, substantial lease violation, or owner occupancy of a small owner-occupied building. The burden of proof is on the landlord in Superior Court, Special Civil Part — Landlord-Tenant.
Notice Requirements (N.J.S.A. 2A:18-56)
For a month-to-month tenancy, either party must give at least one full calendar month's written notice to terminate. Longer notice may be required by the lease. For nonpayment of rent, the landlord must first serve a written notice to quit allowing the tenant a reasonable time to pay before filing in court.
Anti-Retaliation Protection (N.J.S.A. 2A:42-10.10 through 2A:42-10.12)
A landlord may not increase rent, decrease services, or threaten eviction in retaliation against a tenant who has complained to a government agency about housing conditions, organized a tenants' association, or exercised any legal right. If a landlord takes adverse action within 90 days of protected activity, New Jersey law presumes the action is retaliatory. Tenants may raise retaliation as a defense in eviction proceedings or bring an independent civil action for damages.
Lockout and Utility Shutoff Prohibition (N.J.S.A. 2A:39-1 et seq.)
Self-help eviction — changing locks, removing doors, or shutting off utilities to force a tenant out — is illegal in New Jersey. A landlord who engages in such conduct may face civil liability and criminal penalties. Tenants subjected to an unlawful lockout may seek emergency relief from the court.
New Jersey's security deposit statute, N.J.S.A. 46:8-19 through 46:8-26, sets the following rules for all Fairview rentals:
Cap on Amount: The initial security deposit may not exceed 1.5 months' rent. Each subsequent annual increase may not exceed 10% of the current deposit amount (N.J.S.A. 46:8-21.2).
Deposit Holding Requirements: The landlord must deposit the funds in a separate interest-bearing account in a New Jersey bank and must notify the tenant in writing within 30 days of receipt, stating the name and address of the bank and the account number. Interest earned belongs to the tenant and must be paid annually or credited against rent (N.J.S.A. 46:8-19).
Return Deadline: After the tenancy ends, the landlord has 30 days to return the deposit (plus accrued interest) along with an itemized written statement of any deductions. If the tenant was displaced by fire, flood, condemnation, or evacuation, the deadline is shortened to 5 days (N.J.S.A. 46:8-21.1).
Penalty for Wrongful Withholding: If the landlord fails to return the deposit within the applicable deadline without a valid written explanation of deductions, the tenant is entitled to double the amount wrongfully withheld plus court costs and reasonable attorney's fees under N.J.S.A. 46:8-21.1. Normal wear and tear may not be deducted.
Practical Tip: Document the condition of the unit at move-in and move-out with dated photographs and written communications, and provide the landlord with a forwarding address in writing to start the 30-day clock.
New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1) governs every step of the eviction process in Fairview. A landlord cannot simply ask a tenant to leave — they must have a legally recognized cause and follow a court process.
Step 1 — Notice to Quit: Before filing in court, the landlord must serve the tenant with a written notice to quit that specifies the grounds for eviction and the applicable cure period. For nonpayment of rent, the tenant must be given a notice and a reasonable opportunity to pay (often at least 30 days by practice, though no specific statutory cure period is fixed for nonpayment beyond the original rent demand). For a lease violation, the notice must describe the violation and give the tenant the opportunity to cure within 30 days (N.J.S.A. 2A:18-61.2).
Step 2 — Filing a Complaint: If the tenant does not cure or vacate, the landlord files a Landlord-Tenant complaint in the Superior Court, Special Civil Part, Bergen County. The landlord must pay the filing fee and serve the tenant with a summons stating the hearing date.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to appear, present defenses (including payment, habitability, or retaliation), and be represented by counsel. If the landlord proves a statutory ground, the court enters a judgment for possession.
Step 4 — Warrant for Removal: After a judgment for possession, the landlord must request a warrant for removal from the court. A court officer (not the landlord) serves the warrant and, if the tenant does not vacate, physically removes the tenant. There is typically a mandatory three-business-day lockout delay after service of the warrant (N.J. Court Rule 6:7-1).
Self-Help Eviction is Illegal: Under N.J.S.A. 2A:39-1 et seq., a landlord who changes locks, removes belongings, shuts off utilities, or otherwise forces a tenant out without a court order is committing an unlawful act. Tenants may seek emergency injunctive relief and damages in such cases.
Tenant Protections During Eviction: Tenants may raise defenses including acceptance of rent after the notice, retaliatory motive, habitability defects, or procedural defects in the notice. Tenants facing eviction are strongly encouraged to contact a legal aid organization before their court date.
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, New Jersey landlord-tenant laws and local ordinances can change, and the application of any law depends on the specific facts of your situation. Renters in Fairview with legal questions or active disputes 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. Do not rely solely on this article to make legal decisions.
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