Hackensack is Bergen County's seat and one of New Jersey's most densely populated small cities, with a population of approximately 45,000 residents. A significant portion of Hackensack households are renters, drawn to the city's proximity to New York City and relatively lower rents compared to neighboring communities. Because of this competitive rental market, understanding tenant rights is essential for Hackensack renters who may face rapid lease changes, rent increases, or disputes with landlords.
New Jersey is widely regarded as one of the most tenant-protective states in the nation, and those protections apply fully in Hackensack. The state's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.), the Security Deposit Law (N.J.S.A. 46:8-19 et seq.), and the Truth in Renting Act (N.J.S.A. 46:8-43 et seq.) collectively establish strong baseline rights for every renter in the city, regardless of whether a lease is written or oral. Hackensack has adopted a local rent control ordinance that caps annual rent increases under a CPI-based or percentage formula set by the municipality; confirm the current allowable increase with the local rent control board.
This guide is intended for informational purposes only and does not constitute legal advice. Tenant rights law is complex and fact-specific; if you are facing an eviction, habitability dispute, or landlord retaliation, you should consult a qualified attorney or contact one of the legal aid organizations listed at the end of this page.
Yes — Hackensack has rent control. Hackensack is one of roughly 100 New Jersey municipalities that has adopted a local rent control (rent leveling) ordinance. The ordinance limits annual rent increases to a CPI-based or percentage cap set by the local ordinance. 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 Hackensack rent control board.
New Jersey's landlord-tenant statutes provide Hackensack renters with several significant protections:
Implied Warranty of Habitability (N.J.S.A. 2A:42-85 et seq.; Marini v. Ireland, 56 N.J. 130 (1970)): Every residential lease in New Jersey carries an implied warranty that the landlord will maintain the premises in a safe and habitable condition. This includes functioning heat, hot water, plumbing, electrical systems, and freedom from pest infestations. If a landlord fails to make required repairs after proper notice, tenants may be entitled to rent withholding, rent abatement, or repair-and-deduct remedies as recognized by New Jersey courts.
Truth in Renting Act (N.J.S.A. 46:8-43 et seq.): Landlords of buildings with more than two rental units must provide new tenants with a summary of tenant rights prepared by the New Jersey Department of Community Affairs (DCA). Failure to provide this document does not void the lease, but it is a violation of the Act.
Anti-Retaliation Protection (N.J.S.A. 2A:42-10.10 et seq.): Landlords are prohibited from retaliating against tenants who report housing code violations to government authorities, organize a tenants' association, or exercise any legal right. Retaliation can include eviction attempts, rent increases, service reductions, or harassment. A tenant who proves retaliation may be entitled to damages and an injunction.
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 obtained through the formal eviction process may result in removal. Violations may expose a landlord to civil liability.
Notice Requirements (N.J.S.A. 2A:18-56): For month-to-month tenancies, either party must provide at least one full month's written notice to terminate. For weekly tenancies, seven days' notice is required. These minimums cannot be waived by lease agreement.
New Jersey's Security Deposit Law (N.J.S.A. 46:8-19 through 46:8-26) governs all aspects of security deposits for Hackensack rentals.
Maximum Deposit Amount: For most residential tenancies, a landlord may collect no more than one and one-half (1.5) months' rent as a security deposit (N.J.S.A. 46:8-21.2). Additional increases are limited to 10% of the current deposit per year to reflect rent increases.
Holding and Interest Requirements: Landlords who collect deposits from five or more tenants must hold deposits in a federally insured interest-bearing account and must notify tenants in writing within 30 days of the bank name, address, and account type (N.J.S.A. 46:8-19). Annual interest or earnings must be credited to the tenant or paid out.
Return Deadline: After the tenancy ends, the landlord must return the security deposit — along with an itemized written statement of any lawful deductions — within 30 days of the termination of tenancy or within 15 days of receiving the tenant's forwarding address, whichever is later (N.J.S.A. 46:8-21.1).
Penalty for Wrongful Withholding: If a landlord wrongfully withholds all or part of the deposit, the tenant may sue and recover double the amount wrongfully withheld, plus court costs and reasonable attorney's fees (N.J.S.A. 46:8-21.1). This double-penalty provision is a strong incentive for landlords to comply promptly.
Lawful Deductions: Landlords may only deduct for unpaid rent, costs to restore the premises to their condition at the start of tenancy (beyond normal wear and tear), and certain other damages documented in the itemized statement.
New Jersey's Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.) requires that landlords in Hackensack — as throughout the state — have one of 18 enumerated just-cause grounds before they can lawfully evict a residential tenant in a building of more than two units. This is one of the strongest eviction protections in the country.
Common Just-Cause Grounds Include: nonpayment of rent; habitual late payment; willful property damage; disorderly conduct; violation of a lease covenant after written notice and a reasonable opportunity to cure; continued residency after the landlord's stated intent not to renew (with proper notice); and owner occupancy (in limited circumstances).
Required Notice Before Filing: Depending on the ground, the landlord must first serve a written notice on the tenant:
— Nonpayment of rent: A written notice to cease and a separate notice to quit (often combined into a three-day notice to pay or quit).
— Lease violations: A written notice to cease the violation, followed by a notice to quit if not cured (N.J.S.A. 2A:18-61.2).
— Month-to-month termination (no renewal): At least one month's written notice under N.J.S.A. 2A:18-56, plus satisfaction of a just-cause ground.
Court Filing and Hearing: If the tenant does not vacate after proper notice, the landlord must file a complaint in the Special Civil Part of the New Jersey Superior Court, Bergen County Courthouse (10 Main Street, Hackensack, NJ 07601). The court will schedule a hearing — typically within 10–30 days. Both parties may present evidence. Tenants have the right to appear and contest the eviction.
Warrant for Removal: If the court rules in the landlord's favor, it issues a judgment for possession and, after a three-business-day stay, a Warrant for Removal. Only a court-authorized officer (Special Civil Part Officer) may physically remove a tenant. Lockouts, utility shutoffs, or removal of belongings by the landlord without a court order are illegal self-help evictions under N.J.S.A. 2A:39-1 et seq. and may expose the landlord to civil liability.
Emergency Protections: Tenants facing eviction for nonpayment may apply to the court for an orderly removal period or, in cases of documented hardship, may seek emergency rental assistance through Bergen County resources.
This article is provided for general informational purposes only and does not constitute legal advice. The information presented reflects our understanding of New Jersey landlord-tenant law as of April 2026, but laws and local ordinances may change, and individual circumstances vary significantly. Renters facing eviction, habitability issues, unlawful rent increases, or other legal disputes should consult a licensed New Jersey attorney or contact a qualified legal aid organization in Bergen County. RentCheckMe is not a law firm and no attorney-client relationship is created by reading or relying on this content.
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