The NJAR 125 7 12 form is a comprehensive legal document that outlines the standard form of residential lease as decreed by the New Jersey Association of Realtors®. This binding agreement becomes final within three business days, during which the parties involved may opt for legal counsel to review and, if necessary, cancel the lease agreement. The form meticulously details the terms of the lease, including but not limited to, provisions about the property, payment terms, tenant and landlord obligations, and the legalities surrounding the lease termination and renewal.
The Njar 125 7 12 form, a Standard Form of Residential Lease developed by the New Jersey Association of Realtors®, plays a critical role in the leasing process for both landlords and tenants in New Jersey. This comprehensive document, designed to ensure clarity and fairness in the leasing agreement, covers a wide range of important topics including property details, lease term, rent payment specifics, security deposit requirements, late payment penalties, utility responsibilities, and many other significant lease conditions. Notably, it emphasizes legal conditions like the attorney review clause, which allows either party to have the agreement reviewed by an attorney within three business days. Furthermore, the form addresses issues relevant to modern living arrangements, such as pet policies, alterations to the property, and obligations regarding repairs and maintenance. The lease also incorporates crucial legal disclosures, including those relating to lead-based paint, Megan's Law, and details regarding broker commissions. By doing so, it provides a solid foundation for a legally sound and mutually agreeable residential leasing arrangement. This thorough approach to detailing the rights and responsibilities of both parties aims to reduce potential conflicts during the tenancy, making it an indispensable tool for conducting residential leasing transactions in New Jersey.
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NEW JERSEY ASSOCIATION OF REALTORS® STANDARD FORM OF
RESIDENTIAL LEASE
©2001 NEW JERSEY ASSOCIATION OF REALTORS®, INC.
THIS IS A LEGALLY BINDING LEASE THAT WILL BECOME FINAL WITHIN THREE BUSINESS DAYS. DURING THIS PERIOD YOU MAY CHOOSE TO CONSULT AN ATTORNEY WHO CAN REVIEW AND CANCEL THE LEASE. SEE SECTION ON ATTORNEY REVIEW FOR DETAILS.
TABLE OF CONTENTS
1. CONDO/CO-OP RIGHT OF TERMINATION
17. ACCESS TO THE PROPERTY
33. ATTORNEY REVIEW CLAUSE
2. PROPERTY
18. NO ALTERATIONS OR INSTALLATION OF EQUIPMENT
34. BROKER'S COMMISSION
3. TERM
19. INSPECTION
35. LEAD-BASED PAINT DOCUMENT ACKNOWLEDGMENT
4. RENT
20. INSURANCE
36. WINDOW GUARD NOTIFICATION
5. INITIAL DEPOSIT
21. FIRE AND OTHER CASUALTY
37. MEGAN'S LAW STATEMENT
6. SECURITY DEPOSIT
22. LIABILITY OF LANDLORD & TENANT
38. CONSUMER INFORMATION STATEMENT
7. LATE PAYMENT PENALTY
23. PETS
ACKNOWLEDGMENT
8. ADDITIONAL RENT
24. NOTICES
39. DECLARATION OF LICENSEE BUSINESS RELATIONSHIP
9. POSSESSION AND USE
25. NO WAIVER
40. ACKNOWLEDGMENT OF TRUTH IN RENTING
10. UTILITIES
26. SEVERABILITY
STATEMENT
11. NO ASSIGNMENT OR SUBLETTING
27. RENEWAL OF LEASE
41. SMOKE DETECTORS, CARBON MONOXIDE ALARM AND
12. VIOLATION, EVICTION & RE-ENTRY
28. FURNITURE
PORTABLE FIRE EXTINGUISHER COMPLIANCE
13. DAMAGES
29. END OF TERM
42. PRIVATE WELL TESTING
14. QUIET ENJOYMENT
30. ASSOCIATION BYLAWS, RULES & REGULATIONS
43. MEGAN'S LAW REGISTRY
15. TENANT'S REPAIRS AND MAINTENANCE
31. BINDING
44. OTHER LEASE PROVISIONS
16. LANDLORD REPAIRS
32. ENTIRE AGREEMENT
RESIDENTIAL LEASE AGREEMENT
BETWEEN LANDLORD: ______________________________________________________________________________________
whose address is ______________________________________________________________________________________________
_____________________________________________________________________________________________________________
AND TENANT: ______________________________________________________________________________________________
The word “Landlord” as used in this Lease means all of the landlords above listed. In all instances in which the Landlord may exercise rights or perform obligations under this Lease, it may do so through its authorized agents or representatives.
The word "Tenant" as used in this Lease means all of the tenants above listed.
1.CONDOMINIUM/CO-OPERATIVE RIGHT OF TERMINATION: (The following statement generally, as required by law, must be included in a lease for a condominium or cooperative unit.) THIS BUILDING IS BEING CONVERTED TO OR IS A CON-
DOMINIUM OR COOPERATIVE. YOUR TENANCY CAN BE TERMINATED UPON 60 DAYS NOTICE IF YOUR APARTMENT IS SOLD TO A BUYER WHO SEEKS TO PERSONALLY OCCUPY IT. IF YOU MOVE OUT AS A RESULT OF RECEIVING SUCH A NOTICE, AND THE LANDLORD ARBITRARILY FAILS TO COMPLETE THE SALE, THE LANDLORD SHALL BE LIABLE FOR TREBLE DAMAGES AND COURT COSTS.
2.PROPERTY: The Tenant agrees to lease from the Landlord and the Landlord agrees to lease to the Tenant (the single family home) (apartment # ______) (condominium unit #______) (townhouse unit #______) having a street address of _________________________
_______________________________________________________________________ located in _____________________________
_____________________, New Jersey (referred to as the “Property”).
3.TERM: The Term of this Lease is for _________________________________________________ (months) (years) starting on
_____________________________________ and ending on __________________________________________. This is referred to as the “Term”. If the Landlord is unable to give possession of the Property to the Tenant on the first day of the Term, the Landlord shall not have any liability to the Tenant. However, the Tenant shall not be liable for the payment of rent until the Landlord gives possession of the
Tenant's
Landlord's
NJAR® Form-125-7/12 Page 1 of 8
Initials: __________
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Property to the Tenant. If the Landlord fails to give possession of the Property within 30 days of the start date set forth above, then the Tenant may terminate this Lease by giving notice to Landlord. If the first day of the Term is delayed, then the last day of the Term shall be adjusted accordingly, so that the Term remains for the number of months or years above stated.
4.RENT: The rent for the Term of this Lease is $ ________________, to be paid as follows: $______________ per month, which is due on the ___________________________ day of each month. Rent shall be payable to: ____________________________________
____________________________________________________________________________________________________________.
(NAME AND ADDRESS)
5. INITIAL DEPOSIT: Tenant has paid an initial deposit of $ ________________ received on ____________________ that will
be credited towards ____________ the first month's rent or ____________ the Security Deposit. The balance shall be paid as fol-
lows: First month's rent $__________________ Due on _______________________________________________, Security Deposit
$_______________________ Due on ________________________________________________________.
6. SECURITY DEPOSIT: Tenant shall pay to the Landlord the sum of $ _____________ (the “Security Deposit” which cannot
exceed one and one-half months rent) to assure that Tenant performs all of Tenant's obligations under this Lease. Landlord shall comply with the Rent Security Deposit Act (N.J.S.A. 46:8-19 et seq.; the “Act”). This includes depositing the Security Deposit into a banking institution or investment company in New Jersey and notifying the Tenant in writing within 30 days of Landlord's receipt of the Secu-rity Deposit of (i) the name and address of the banking institution or investment company; (ii) the type of account in which the Security Deposit is deposited or invested (for example, interest bearing or money market); (iii) the amount of the Security Deposit and (iv) the current rate of interest for the account. The Act also requires payment in cash to Tenant of all interest earned on the Security Deposit upon the anniversary date of this Lease or the renewal of the term of this Lease. At such time, or at the time of a change in the type of account or a change in the banking institution or investment company, Landlord shall again notify Tenant of (i) the name and address of the banking institution or investment company; (ii) the type of account in which the Security Deposit is deposited or invested; (iii) the amount of Security Deposit and (iv) the current rate of interest for the account. Such a notice shall also be given to Tenant within 30 days after conveyance of the Property.
The Landlord may deduct from the Security Deposit any costs resulting from the Tenant's failure to comply with any of the terms of this Lease. If the Landlord makes any such deductions, then upon demand, the Tenant shall promptly restore the Security Deposit to its original amount. The Security Deposit may not be used by the Tenant for the payment of rent without the written consent of the Landlord.
The Landlord shall inspect the Property after the Tenant vacates at the end of the Term. Within 30 days of the termination of this Lease, the Landlord shall return the Security Deposit plus the undistributed interest to the Tenant, less any charges expended by the Landlord for damages to the Property resulting from the Tenant's occupancy. The interest and deductions shall be itemized in a statement by the Landlord, and shall be forwarded to the Tenant with the balance of the Security Deposit by personal delivery, registered or certified mail.
If the Landlord sells or transfers the Property during the Term of this Lease, the Landlord will transfer the Security Deposit plus the undistributed interest to the new owner. Landlord shall notify the Tenant of the sale and transfer, as well as the name and address of the new owner. The notice shall be given by registered or certified mail within five days after conveyance of title. After acquisition of the Property, the new owner shall have all responsibility regarding the Security Deposit, and the Landlord shall have no further responsibility.
7. LATE PAYMENT PENALTY: If the Tenant does not pay the rent by the ___________ day of the month, the Tenant shall pay a
late charge of _____________ until the rent is received by Landlord. The late charge shall be added to the rent, and shall be considered as
additional rent, which is defined in Section 8. In the event any rent check is returned unpaid due to insufficient funds, the Tenant agrees to pay the Landlord a $__________________ processing charge. In such event, the Landlord reserves the right to demand that future rent
payments be made in cash, bank or certified check.
8. ADDITIONAL RENT: Landlord may perform any obligations under this Lease which are Tenant's responsibility and which Tenant fails to perform. The cost to Landlord for such performance may be charged to TENANT as "additional rent" which shall be due and payable with the next installment of monthly rent. The additional rent may include reasonable attorney's fees incurred by Landlord because of Tenant's failure to perform under this Lease. Landlord has the same rights against Tenant for failure to pay additional rent as Landlord has for Tenant's failure to pay monthly rent. This means that the Landlord may evict Tenant for failure to pay additional rent.
9. POSSESSION AND USE: The Landlord shall give possession of the Property to the Tenant for the Term of this Lease except as otherwise provided in this Lease. The Tenant shall occupy the Property only as a private residence, and will not use the Property for any business, trade or profession. The Tenant shall not store any flammable, dangerous or hazardous materials at the Property, other than ordinary household cleaning materials. The Property shall not be allowed to be vacant for any extended period of time.
10. UTILITIES: The Tenant shall arrange to have the utilities transferred into Tenant's name prior to occupancy, and shall be respon-
sible for paying the following utility services:
Gas
Electric
Water
Heat
Sewer
General Trash Disposal
(Other) ___________________________________________________________________.
The Landlord shall provide and pay for the following utility services:
NJAR® Form-125-7/12 Page 2 of 8
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(Other) ______________________________________________________________. The Tenant agrees
not to waste or unreasonably use any utility or appliance that is provided by the Landlord. Landlord shall not be responsible for any dam- age or loss caused to Tenant or Tenant's property because of an interruption in utility services over which Landlord has no reasonable means of control. Any such interruption shall not be grounds for Tenant to reduce or stop paying rent.
11.NO ASSIGNMENT OR SUBLETTING: The Tenant may not assign this Lease, sublet all or any part of the Property, or permit any other person to use the Property without the prior written permission of the Landlord. The Landlord may withhold such permission in Landlord's sole and absolute discretion.
12.VIOLATION, EVICTION AND RE-ENTRY: The Landlord reserves the right of re-entry. This means that if the Tenant violates the terms of this Lease, the Landlord may terminate this Lease and regain possession of the Property. This is done by a court proceed- ing known as an eviction. A complaint is served upon the Tenant and the Tenant must appear in court. The Landlord may also evict the Tenant for any other cause which is permitted by applicable law. When the eviction proceeding is concluded, the Landlord may regain possession of the Property.
13.DAMAGES: The Tenant is liable for all Landlord's damages caused by Tenant's breach of this Lease. Such damages may include loss of rent, the cost of preparing the Property for re-renting, brokerage commission in finding a new tenant as a result of Tenant's eviction or Tenant moves out prior to the end of the Term as well as reasonable attorney's fees and court costs.
14.QUIET ENJOYMENT: The Tenant may occupy the Property without interference, subject to Tenant's compliance with the Terms of this Lease.
15.TENANT'S REPAIRS AND MAINTENANCE: The Tenant shall:
(a)Pay for all repairs, replacements and damages caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, which includes but is not limited to sewer and plumbing drainage problems caused by the Tenant.
(b)Keep and maintain the Property in a neat, clean, safe and sanitary condition.
(c)Cut the grass and maintain the shrubbery.
(d)Drive and park vehicles only in designated areas, if any.
(e)Take good care of the Property and all equipment, fixtures, carpeting and appliances located in it.
(f)Keep the furnace clean, and regularly change the furnace filters, if applicable.
(g)Keep nothing in the Property which is flammable, dangerous or which might increase the danger of fire or other casualty.
(h)Promptly notify the Landlord of any condition which requires repairs to be done.
(i)Use the electric, plumbing and other systems and facilities in a safe manner.
(j)Promptly remove all garbage and recyclables from the Property and place it at the curb (or other designated area) in the proper containers in accordance with the prescribed pick-up schedule.
(k)Not engage in any activity which may cause a cancellation or an increase in the cost of the Landlord's insurance coverages.
(l)Use no more electricity than the receptacles, wiring or feeders to the Property can safely carry.
(m)Obey all instructions, written or otherwise, of the Landlord for the care and use of appliances, equipment and other personal prop- erty.
(n)Do nothing to destroy, deface or damage any part of the Property.
(o)Promptly comply with all orders and rules of the Board of Health or any other governmental authority which are directed to the Tenant.
(p)Do nothing which interferes with the use and enjoyment of neighboring properties.
(q)Do nothing to cause any damage to any trees or landscaping on the Property.
(r)Keep the walks and driveway free from dirt, debris, snow, ice and any hazardous objects.
(s)Comply with such rules and regulations that may be published from time to time by the Landlord.
16.LANDLORD REPAIRS: The Landlord shall make any necessary repairs and replacements to the vital facilities serving the Property, such as the heating, plumbing and electrical systems, within a reasonable time after notice by the Tenant. The Tenant may be liable for the cost of such repairs and replacements pursuant to Section 15. The Landlord shall not be liable for interruption of services or inconvenience resulting from delays in making repairs or replacements if due to circumstances beyond Landlord's reasonable control.
17.ACCESS TO THE PROPERTY: The Landlord shall have access to the Property on reasonable notice to the Tenant in order to
(a)inspect the interior and exterior of the Property, (b) make necessary repairs, alterations, or improvements, (c) supply services, and (d) show it to prospective buyers, appraisers, contractors or insurers. The Landlord may enter the Property without prior notice in the event of an emergency or if the Tenant is not home for more than seven consecutive days. If this Lease is not renewed as per Section 27 of this Lease Agreement, Landlord shall then be allowed access to the Property at any time prior to the end of the Term for showing of Property to prospective tenants.
NJAR® Form-125-7/12 Page 3 of 8
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18.NO ALTERATIONS OR INSTALLATION OF EQUIPMENT: The Tenant may not alter or change the Property without first obtaining Landlord's written consent. By way of example, the Tenant may not:
(a)Install any improvement such as carpeting, paneling, floor tiles, or any other improvement which is nailed or tacked down, cemented or glued in;
(b)Install any locks or chain guards;
(c)Wallpaper, affix wall coverings or other permanent type decorations;
(d)Install or change the electrical, plumbing, heating or air cooling system.
When painting (whether interior or exterior), the Tenant must have the Landlord's permission regarding paint colors. All painting must be done in a professional and workmanlike manner. The Tenant shall repair all walls and ceilings which had pictures or fixtures attached, prior to vacating. Any and all changes, additions or improvements made without the Landlord's written consent shall be removed by the Tenant on demand by the Landlord. The Property shall be in substantially the same condition at the end of the Term as it was at the begin- ning of the Term, reasonable wear and tear excepted.
All permitted changes, additions and improvements shall become the property of the Landlord when completed, shall be fully paid for by the Tenant, and shall remain as part of the Property at the end of the Term of this Lease, unless the Landlord demands that the Tenant remove them. The Tenant shall not allow any construction lien or other claim to be filed against the Property. If any such lien or claim is filed against the Property, the Tenant shall have it promptly removed.
19.INSPECTION: If the municipality requires a continued use inspection or certificate of occupancy prior to occupancy, the Land- lord shall be responsible for obtaining such inspections and certificates as well as making the necessary repairs.
20.INSURANCE: The Tenant shall be responsible for obtaining, at Tenant's own cost and expense, a tenant's insurance policy for the Tenant's furniture, furnishings, clothing and other personal property. The Tenant's personal property shall not be the responsibility of the Landlord, and will not be insured by the Landlord. The Tenant's insurance policy must also include liability coverage. Upon request, the Tenant shall periodically furnish Landlord with evidence of Tenant's insurance policy.
21.FIRE AND OTHER CASUALTY: Immediate notice shall be given by the Tenant to Landlord of any fire or other casualty which occurs at the Property. If the Property is uninhabitable, Tenant's obligation to pay rent shall cease until the time that the Property is re- stored by the Landlord. If only a part of the Property is uninhabitable, then the rent shall be adjusted proportionately.
If only part of the Property is damaged, the Landlord shall repair the Property within a reasonable period of time. Landlord shall not be obligated to repair or restore any improvements that Tenant has made to the Property.
Either party may cancel this Lease if the Property is so damaged by fire or other casualty that the property cannot be repaired within 90 days. The Landlord's determination in such regard shall be final, conclusive and binding on both parties.
The Lease shall end if the Property is totally destroyed. The Tenant shall pay rent to the date of destruction.
If the fire or other casualty is caused by the act or neglect of the Tenant, the Tenant's family, domestic employees, guests or visitors, the Tenant shall pay for all repairs and other damages.
22.LIABILITY OF LANDLORD AND TENANT: The Landlord is not legally responsible for any loss, injury or damage to any person or property unless such loss, injury or damage is directly caused by the Landlord's negligence. The Tenant is legally responsible for loss, injury or damage to any person or property caused by the negligence of the Tenant, the Tenant's family members, domestic em- ployees, guests or visitors.
23.PETS: No dogs, cats or other pets shall be permitted on the Property without the prior written consent of the Landlord, which the Landlord may withhold in the Landlord's sole and absolute discretion.
24.NOTICES: All notices given under this Lease must be in writing in order to be effective. Delivery of notices may not be refused. If any notice is refused, it shall be considered to have been effectively given. Notices shall be given by (a) personal delivery, or (b) certified mail, return receipt requested, unless applicable law requires a different means of notice. Notices to the Landlord shall be at the address on the first page of this Lease, and to the Tenant at the Property.
25.NO WAIVER: The Landlord's failure to enforce any obligation of the Tenant contained in this Lease in any one instance shall not prevent the Landlord from enforcing the obligation at a later time.
26.SEVERABILITY: If any term or condition of this Lease is contrary to law, the remainder of the Lease shall be unaffected and shall continue to be binding upon the parties.
NJAR® Form-125-7/12 Page 4 of 8
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27.RENEWAL OF LEASE: The Tenant must be offered a renewal of this Lease by the Landlord, unless the Landlord has good cause not to do so under applicable law. Reasonable changes may be included in the renewal Lease. Not less than ___________ days before the expiration of the Term of this Lease, the Landlord shall notify the Tenant of the proposed terms for the renewal Lease. Within
___________ days after the Tenant receives the Landlord's renewal notice, Tenant shall notify Landlord whether Tenant accepts or rejects the proposed renewal Lease. If the Tenant does not notify the Landlord of Tenant's acceptance, then the Landlord's proposal shall be con- sidered to have been rejected. If the Tenant does not accept the renewal Lease, the Tenant must vacate the Property at the end of the Term.
28.FURNITURE: If the Property is leased in furnished condition, or if the Landlord leaves personal property to be used by the Ten- ant, the Tenant shall maintain the furniture and furnishings in good condition and repair. A list of such items shall be attached to this Lease and signed by the Landlord and the Tenant.
29.END OF TERM: At the end of the Term, the Tenant shall (a) leave the Property clean, (b) remove all of the Tenant's property,
(c)repair any damage including that caused by moving, (d) make arrangements for final utility readings and pay all final utility bills and
(e)vacate the Property and return it with all keys to the Landlord in the same condition as it was at the beginning of the Term, except for normal wear and tear.
30.ASSOCIATION BYLAWS, RULES AND REGULATIONS: If Property is subject to any Association Bylaws
and Rules and Regulations, Tenant agrees to comply with such Association Bylaws and Rules and Regulations including any amendments.
31.BINDING: This Lease is binding on the Landlord and the Tenant and all parties who lawfully succeed to their rights and respon- sibilities.
32.ENTIRE AGREEMENT: This Lease contains the entire agreement of the Landlord and Tenant. No representations have been made by the Landlord or its real estate broker or agents except as set forth in this Lease. This Lease can only be changed in writing by an agreement signed by both the Landlord and the Tenant.
33.ATTORNEY REVIEW CLAUSE:
(1) Study by Attorney.
The Tenant or the Landlord may choose to have an attorney study this Lease. If an attorney is consulted, the attorney must complete his or her review of the Lease within a three-day period. This Lease will be legally binding at the end of this three-day period unless an attorney for the Tenant or the Landlord reviews or disapproves of the Lease.
(2) Counting the Time.
You count the three days from the date of delivery of the signed Lease to the Tenant and the Landlord. You do not count Saturdays, Sundays or legal holidays. The Tenant and the Landlord may agree in writing to extend the three-day period for attorney review.
(3) Notice of Disapproval.
If an attorney for the Tenant or the Landlord reviews and disapproves of this Lease, the attorney must notify the Broker(s) and the other party named in this Lease within the three-day period. Otherwise this Lease will be legally binding as written. The attorney must send the notice of disapproval to the Broker(s) by certified mail, by telegram, or by delivering it personally. The telegram or certified letter will be effective upon sending. The personal delivery will be effective upon delivery to the Broker's office. The attorney may also, but need not, inform the Broker(s) of any suggested revision(s) in the Lease that would make it satisfactory.
34.BROKER'S COMMISSION: The Broker's Commission is earned, due and payable upon signing of a fully executed Lease Agreement and satisfaction of the Attorney Review Period set forth in Section 33 of this Lease. The Commission shall be paid by the
Landlord in accord with previously executed Listing Agreement.
Tenant and shall be payable as follows: ________________________________________________________________________
___________________________________________________________________________________________________________
__________________________________________________________________________________________________________
Listing Broker
_______________________________________________________________
______________________________________
Address
Telephone #
NJAR® Form-125-7/12 Page 5 of 8
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Participating Broker
Commission
35. LEAD-BASED PAINT DOCUMENT ACKNOWLEDGMENT: (Applies to dwellings built before 1978)
The Tenant acknowledges receipt of the EPA pamphlet, “Protect Your Family From Lead In Your Home”. Moreover, a copy of the document entitled, “Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards” has been fully completed, signed by Tenant, Landlord and Broker(s) and is appended to and made a part of this Agreement.
36. WINDOW GUARD NOTIFICATION:
THE OWNER (LANDLORD) IS REQUIRED BY LAW TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE APARTMENT IF A CHILD OR CHILDREN 10 YEARS OF AGE OR YOUNGER IS, OR WILL BE, LIVING IN THE APARTMENT OR IS, OR WILL BE, REGULARLY PRESENT THERE FOR A SUBSTANTIAL PERIOD OF TIME IF THE TENANT GIVES THE OWNER (LANDLORD) A WRITTEN REQUEST THAT THE WINDOW GUARDS BE INSTALLED. THE OWNER (LANDLORD) IS ALSO REQUIRED, UPON THE WRITTEN REQUEST OF THE TENANT, TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE HALLWAYS TO WHICH PERSONS IN THE TENANT'S UNIT HAVE ACCESS WITHOUT HAVING TO GO OUT OF THE BUILDING. IF THE BUILDING IS A CONDOMINIUM, COOP- ERATIVE OR MUTUAL HOUSING BUILDING, THE OWNER (LANDLORD) OF THE APARTMENT IS RESPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN THE APARTMENT AND THE ASSOCIATION IS RE- SPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN HALLWAY WINDOWS. WINDOW GUARDS ARE ONLY REQUIRED TO BE PROVIDED IN FIRST FLOOR WINDOWS WHERE THE WINDOW SILL IS MORE THAN SIX FEET ABOVE GRADE OR THERE ARE OTHER HAZARDOUS CONDITIONS THAT MAKE INSTALLATION OF WINDOW GUARDS NECESSARY TO PROTECT THE SAFETY OF CHILDREN.
37. MEGAN'S LAW STATEMENT:
UNDER NEW JERSEY LAW, THE COUNTY PROSECUTOR DETERMINES WHETHER AND HOW TO PROVIDE NO- TICE OF THE PRESENCE OF CONVICTED SEX OFFENDERS IN AN AREA. IN THEIR PROFESSIONAL CAPACITY, REAL ESTATE LICENSEES ARE NOT ENTITLED TO NOTIFICATION BY THE COUNTY PROSECUTOR UNDER ME- GAN'S LAW AND ARE UNABLE TO OBTAIN SUCH INFORMATION FOR YOU. UPON CLOSING, THE COUNTY PROS- ECUTOR MAY BE CONTACTED FOR SUCH FURTHER INFORMATION AS MAY BE DISCLOSABLE TO YOU.
38.CONSUMER INFORMATION STATEMENT ACKNOWLEDGMENT: By signing below, the Landlord and Tenant acknowl- edge they received the Consumer Information Statement on New Jersey Real Estate Relationships from the brokerage firms involved in this transaction prior to the first showing of the Property.
39.DECLARATION OF LICENSEE BUSINESS RELATIONSHIP(S):
A. ________________________________________________________________________________________, (name of firm)
AND _________________________________________________________________________________ (name(s) of licensee(s))
AS ITS AUTHORIZED REPRESENTATIVE(S) ARE WORKING IN THIS TRANSACTION AS (choose one)
LANDLORD'S AGENTS TENANT'S AGENTS DISCLOSED DUAL AGENTS TRANSACTION BROKERS.
B. INFORMATION SUPPLIED BY _________________________________________________________(name of other firm)
HAS INDICATED THAT IT IS OPERATING IN THIS TRANSACTION AS A (choose one)
LANDLORD'S AGENT ONLY TENANT'S AGENT ONLY DISCLOSED DUAL AGENT TRANSACTION BROKER.
40.ACKNOWLEDGMENT OF TRUTH IN RENTING STATEMENT: (Applies to all Tenants with a rental term of at least one month living in residences with more than two dwelling units or more than three if the Landlord occupies one.) By signing below, Tenant acknowledges receipt of the booklet, “Truth In Renting - A guide to the rights and responsibilities of residential tenants and landlords in New Jersey”.
41.SMOKE DETECTORS, CARBON MONOXIDE ALARM AND PORTABLE FIRE EXTINGUISHER COMPLIANCE: The Certificate of smoke detectors, carbon monoxide alarm and portable fire extinguisher compliance (CSDCMAPFEC), as required by law, shall be the responsibility of the Landlord. If such alarms are battery operated, the Tenant shall be responsible for their maintenance.
42.PRIVATE WELL TESTING: (This section is applicable if the Property's potable water supply is provided by a private well for which testing of the water is not required by any State law other than the Private Well Testing Act (the “Act” - N.J.S.A. 58:12A-26 to 37). By March 14, 2004, and at least once every five years thereafter, the Landlord is required to test the potable water
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supply for the Property in accordance with the Act. Within thirty (30) days after receiving the test results, the Landlord shall provide a written copy thereof to the Tenant. Also, the Landlord is required to provide a written copy of the most recent test results to any new tenant at the Property. If the Property is for “seasonal use or rental,” the Landlord shall either post the tests results in a readily visible location inside of the Property or provide a written copy thereof to the tenant. A “seasonal use or rental” means use or rental for a term of not more than 125 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. By signing below, Tenant acknowledges receipt of a written copy of the test results, or in the case of a seasonal rental, if it has not received the test results, acknowledges the posting thereof inside of the Property in accordance with the Act.
43.MEGAN'S LAW REGISTRY: Buyer is notified that New Jersey law establishes an Internet Registry of Sex Offenders that may be accessed at www.njsp.org.
44.OTHER LEASE PROVISIONS, IF ANY:
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WITNESS:
_____________________________________________
________________
Landlord
Date
Tenant
NJAR® Form-125-7/12 Page 8 of 8
THIS PAGE SHOULD BE KEPT SEPARATE FROM THE LEASE
VERIFICATION OF VERBAL WINDOW GUARD NOTIFICATION
This will verify that the below window guard notification was provided verbally at the time of lease signing to the undersigned tenant by the owner, lessor, agent, or other person who manages or controls the unit (“owner/representative”) and that the tenant was made aware of his/her right to request installation of window guards and understands this notification.
WINDOW GUARD NOTIFICATION:
THE OWNER (LANDLORD) IS REQUIRED BY LAW TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE APARTMENT IF A CHILD OR CHILDREN 10 YEARS OF AGE OR YOUNGER IS, OR WILL BE, LIVING IN THE APARTMENT OR IS, OR WILL BE, REGULARLY PRESENT THERE FOR A SUBSTANTIAL PERIOD OF TIME IF THE TENANT GIVES THE OWNER (LANDLORD) A WRITTEN REQUEST THAT THE WINDOW GUARDS BE INSTALLED. THE OWNER (LANDLORD) IS ALSO REQUIRED, UPON THE WRITTEN REQUEST OF THE TENANT, TO PROVIDE, INSTALL AND MAINTAIN WINDOW GUARDS IN THE HALLWAYS TO WHICH PERSONS IN THE TENANT'S UNIT HAVE ACCESS WITHOUT HAVING TO GO OUT OF THE BUILDING. IF THE BUILDING IS A CONDOMINIUM, COOPERATIVE OR MUTUAL HOUSING BUILDING, THE OWNER (LANDLORD) OF THE APARTMENT IS RESPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN THE APARTMENT AND THE ASSOCIATION IS RESPONSIBLE FOR INSTALLING AND MAINTAINING WINDOW GUARDS IN HALLWAY WINDOWS. WINDOW GUARDS ARE ONLY REQUIRED TO BE PROVIDED IN FIRST FLOOR WINDOWS WHERE THE WINDOW SILL IS MORE THAN SIX FEET ABOVE GRADE OR THERE ARE OTHER HAZARDOUS CONDITIONS THAT MAKE INSTALLATION OF WINDOW GUARDS NECESSARY TO PROTECT THE SAFETY OF CHILDREN.
DATED : ______________
___________________________________________________________________
TENANT (SIGNATURE)
TENANT (PRINT NAME)
OWNER/REPRESENTATIVE (SIGNATURE)
OWNER/REPRESENTATIVE (PRINT NAME )
NJAR® Veification Verbal- 7/12 copyright ©2012, New Jersey Association of REALTORS®, INC.
Filling out the NJAR 125 7/12, also known as the Standard Form of Residential Lease, is the first step towards securing a rental agreement in New Jersey. This document, created by the New Jersey Association of Realtors®, outlines the terms and conditions between a landlord and a tenant regarding the rental of residential property. It's crucial to accurately and thoroughly complete this form to ensure a clear understanding of the lease terms and to protect the rights of both parties involved. Following the steps below will guide you through the process of filling out the form correctly.
After carefully completing the NJAR 125 7/12 form, ensure all parties involved review and agree to the terms detailed within. Signing the lease solidifies the agreement, marking the beginning of the landlord-tenant relationship under the specified terms. It’s advisable for both landlords and tenants to keep a copy of the signed lease for their records.
The NJAR 125 7 12 form is a standard residential lease agreement created by the New Jersey Association of Realtors®. It outlines the terms and conditions under which a tenant agrees to rent a property from a landlord within New Jersey. This document is legally binding once it becomes final after a three-day review period.
The attorney review clause in the NJAR 125 7 12 form allows either the landlord or the tenant to consult an attorney who can review and, if necessary, cancel the lease within three business days. This period starts from the date of delivery of the signed lease to both parties, excluding Saturdays, Sundays, and legal holidays. This clause ensures that both parties have the opportunity to fully understand and agree to the terms without undue pressure.
According to the NJAR 125 7 12 form, the tenant pays a security deposit to the landlord, which cannot exceed one and a half times the monthly rent. This deposit is held to ensure the tenant’s compliance with the lease terms. The landlord must deposit it into a New Jersey banking institution or investment company and notify the tenant in writing within 30 days about the deposit details. Interest earned on the deposit must be paid to the tenant annually. Upon lease termination, the landlord must inspect the property and return the deposit, less any charges for damage, within 30 days, providing a detailed statement of deductions.
No, the tenant cannot use the security deposit as the last month's rent without the landlord's written consent. The NJAR 125 7 12 form explicitly states that the security deposit is held to ensure compliance with the lease terms, not for the payment of rent.
The tenant is responsible for keeping the property in a neat, clean, and sanitary condition, performing all repairs and maintenance caused by their neglect or misuse, and alerting the landlord to any needed repairs. Additionally, the tenant must adhere to any specific rules laid out by the landlord regarding property care, such as lawn maintenance, trash disposal, and restrictions on alterations and installations without permission.
Yes, but the NJAR 125 7 12 form specifies conditions under which early termination is allowed. Typically, early termination clauses may involve notice periods, penalties, or specific conditions agreed upon by both parties. Additionally, certain legal protections may allow for lease termination under specific circumstances, such as military service.
Subletting is only allowed with the landlord's prior written permission, as stated in the NJAR 125 7 12 form. The landlord has sole discretion to approve or deny a request to sublet, and any unauthorized subletting can be grounds for lease violation and eviction.
If rent is paid late, the tenant is subject to a late charge as specified in the lease agreement. The exact amount and conditions under which this charge is applied should be clearly outlined in the lease. Additionally, a returned check due to insufficient funds may incur a processing charge, and the landlord may subsequently require rent payments in a certified form, such as cash or a bank check.
The NJAR 125 7 12 form typically includes a clause regarding pets, which states that no pets are allowed without the landlord's written consent. The landlord has the right to refuse pets at their discretion.
Not consulting an attorney during the three-day review period as encouraged by the Attorney Review Clause. This clause gives both the landlord and tenant a critical window to have legal professionals review the lease agreement for potential issues or necessary changes, ensuring it aligns with their rights and interests.
Failing to adequately document the initial and subsequent condition of the property. Without a thorough, agreed-upon record of the property’s condition at the time of leasing, tenants may be unfairly held responsible for pre-existing damages.
Overlooking the Security Deposit details, including the amount, the bank where it's held, and the terms for return and use. This information is crucial for protecting the tenant's rights regarding their deposit.
Ignoring specifics about the Utilities section, like which utilities are tenant responsibilities and which are covered by the landlord. Misunderstandings or assumptions in this area can lead to disputes or unexpected expenses.
Misinterpreting the terms related to Rent and Additional Rent, including payment deadlines, late fees, and consequences for returned checks. Clear understanding and compliance with these terms are essential for maintaining a good standing.
Neglecting the limitations on Alterations and Installations. Tenants may mistakenly believe minor changes do not require permission, potentially violating the lease agreement.
Not adhering to the Pet Policy. Assuming pets are allowed without explicit permission can lead to violations of the lease.
Overlooking the clause on Notice for Access by the landlord for inspections, repairs, or showings. This section outlines the tenant's right to privacy versus the landlord’s access rights, which are important to understand for both parties.
Disregarding the terms for Renewal of Lease and the conditions under which either party can opt not to renew. These can affect the tenant’s decisions toward the end of the lease term and their rights concerning lease continuation or termination.
When entering into a residential lease, especially following the specifications of the NJAR® Form-125-7/12, it is important for both landlords and tenants alike to be fully prepared with the necessary documents to ensure a smooth and legally sound agreement. These documents complement the lease agreement, addressing broader responsibilities and rights that both parties must understand and adhere to through the duration of the lease. Below are some essential forms and documents often used alongside the NJAR® Form-125-7/12:
Each of these documents serves a specific purpose, ensuring that both the landlord and the tenant understand their rights, duties, and the condition of the property to avoid future disputes. It's important for both parties to carefully review, understand, and retain copies of these forms and documents throughout the tenancy for reference and legal compliance. By doing so, landlords and tenants contribute to a clear, respectful, and legally sound leasing arrangement.
The NJAR 125 7 12 form, a detailed standard residential lease agreement, shares commonalities with various other legal documents, each serving its unique purpose in the realm of real estate and beyond. Here, we'll explore five such documents and the aspects they share with the NJAR 125 7 12 form.
First, consider the Residential Purchase Agreement, used when someone decides to buy a home. Like the NJAR 125 7 12 form, it contains specific terms of the agreement, including payment structures, inspection rights, and responsibilities of both parties. Both documents ensure that the parties involved understand their commitments, such as financial obligations and maintenance responsibilities, offering a layer of legal protection and clarity during significant transactions.
Next, the Property Management Agreement between property owners and management firms has similarities. This document outlines duties like maintenance, rent collection, and handling tenant issues, akin to the NJAR 125 7 12 form which discusses the landlord’s and tenant’s responsibilities. Both agreements serve to delineate roles and expectations, ensuring properties are managed according to agreed-upon standards.
Another relevant document is the Sublease Agreement, permitting the original tenant to rent out their leased premises to another party. It echoes the NJAR 125 7 12 form’s sections on possession, use, and subletting conditions, underscoring the necessity of obtaining landlord consent for new occupant arrangements. This similarity stresses the importance of maintaining property integrity and the original lease terms.
The Security Deposit Agreement is also comparable. It outlines the handling of a tenant's security deposit, similar to the NJAR 125 7 12 form's provisions regarding security deposits, their use, and return conditions. Both documents emphasize protecting the rights and financial interests of the involved parties, ensuring transparency and fairness in financial transactions.
Lastly, the Lease Renewal Agreement, offering the option to extend a lease term, shares characteristics with the NJAR 125 7 12 form’s section on lease renewal. Both detail how and when lease terms can be renewed, including any new conditions or changes in terms. These agreements provide mechanisms for continuing or ending a rental relationship, again underlining clarity and mutual understanding in contractual relationships.
These documents, while serving distinct purposes, overlap with the NJAR 125 7 12 form in crucial areas such as financial agreements, property use and maintenance, and the terms of occupancy. Understanding these similarities helps tenants, landlords, and real estate professionals navigate their responsibilities and rights more effectively, fostering successful real estate engagements.
Filling out the NJAR 125 7 12 form, a standard residential lease agreement, requires careful attention to detail. Here are some critical dos and don'ts to ensure the process goes smoothly:
There are several misconceptions about the New Jersey Association of Realtors® Standard Form of Residential Lease, commonly referred to by its identification, NJAR Form-125-7/12. Understanding these misconceptions is crucial for landlords and tenants to ensure their rights and obligations are clear. Below, these misconceptions are addressed and clarified.
This is incorrect. According to the attorney review clause (Section 33), there is a three-business-day period during which either the landlord or tenant can have the lease reviewed by an attorney. The lease only becomes legally binding after this period if no attorney disapproves of it.
Contrary to this belief, the security deposit cannot be applied to rent unless the landlord gives written consent (Section 6).
While tenants are responsible for damages caused by their neglect and for maintaining the property in a neat and sanitary condition (Section 15), the landlord must make necessary repairs to vital facilities (Section 16).
Landlords must provide reasonable notice to tenants except in emergencies or when the tenant is away for an extended period (Section 17).
Subletting or assigning the lease requires the prior written permission of the landlord (Section 11), which can be withheld at their discretion.
Tenants must be offered a renewal except under certain lawful conditions, and both parties must agree to the terms (Section 27).
No pets may be kept on the property without the landlord's prior written consent, which can be entirely at the landlord's discretion (Section 23).
Responsibility for utilities is clearly divided in the lease. The tenant typically assumes responsibility for transferring certain utilities into their name and paying for those services (Section 10).
All notices, including the termination of the lease, must be in writing to be effective (Section 24).
The lease clearly states the amount and conditions under which late fees will be imposed (Section 7). These terms are not negotiable after the lease agreement is finalized without a written amendment agreed upon by both parties.
Understanding the precise terms and correcting these misconceptions can help ensure a fair and legal agreement between landlords and tenants. Both parties are advised to carefully review the lease document and consider legal consultation if necessary.
Filling out and utilizing the NJAR 125 7 12 form, a standard form of residential lease provided by the New Jersey Association of Realtors®, requires careful attention to detail and a clear understanding of its provisions. Here are seven key takeaways to guide you through this process:
Understanding these key elements and the numerous provisions within the lease can help landlords and tenants navigate their rights and responsibilities more effectively, ensuring a smooth and agreeable rental experience.
Nj Tax Freeze - Signatory section requires applicant (and spouse/CU partner if applicable) attestation under penalty of perjury to the truthfulness of the application.
Nj State Tax Form Pdf - The form requires specifics about the nature of the merchandise or services purchased for resale, ensuring compliance with New Jersey's Sales and Use Tax Act.
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