• People

    Advanced Search

  • Services
  • All Services

  • Back to News & Media
    Blog

    What New Jersey Landlords Need to Know About the Safe Housing Act

    June 9, 2025

     Download as PDF

    As a landlord in New Jersey, you’re likely familiar with standard lease agreements, notice periods, and tenant obligations. But what happens when a tenant wants to break a lease early not due to non-payment or a job relocation, but because they’re experiencing domestic violence?

    Under the New Jersey Safe Housing Act, tenants facing a threat of serious physical harm related to domestic violence may legally terminate a residential lease early. As a landlord, it’s important to understand what this law requires of you, as well as what protections are in place for property owners.

    The Basics: What Is the Safe Housing Act?

    The New Jersey Safe Housing Act allows a tenant to terminate a residential lease early if they or their child face an imminent threat of serious physical harm from another individual. This law applies only when:

    • The tenant is using the leased property as their primary residence.
    • The tenant follows specific legal procedures to provide notice and documentation.

    The law is designed to protect victims of domestic violence by enabling them to leave unsafe housing situations without being penalized for breaking a lease.

    What Must a Tenant Provide?

    In order for a tenant to lawfully terminate their lease under this Act, they must deliver to the landlord both of the following:

    1. Written notice stating that the tenant or the tenant’s child is facing an imminent threat of serious physical harm from another person if they remain in the home.
    2. One form of legally acceptable documentation supporting the claim. Acceptable documentation includes:
      • A certified copy of a permanent restraining order issued by a New Jersey court under the Prevention of Domestic Violence Act of 1991.
      • A certified copy of a permanent restraining order from another state or jurisdiction.
      • A law enforcement record documenting domestic violence or certifying that the tenant or child is a victim.
      • Medical documentation from a licensed health care provider.
      • A certification from a certified Domestic Violence Specialist or the director of a state-designated domestic violence agency.
      • A statement from a licensed social worker affirming that the tenant or their child is a victim of domestic violence.

    Note: The law specifically requires a permanent restraining order if a court order is being used. A temporary order or general allegation is not sufficient.

    Lease Termination Timeline

    If the tenant provides proper written notice and the required documentation, the lease will terminate 30 days after the landlord receives the notice.

    During this 30-day period, the tenant remains responsible for rent and for fulfilling other obligations under the lease, such as maintenance or utility payments. After the 30 days pass, the lease is considered legally terminated.

    What Landlords Should Know and Do

    As a landlord, it’s essential to:

    • Confirm receipt of both the notice and valid documentation. Without both, the tenant has no right to terminate the lease under this law.
    • Keep written records of the communication, including the date you received the notice and documentation.
    • Refrain from retaliating or attempting to penalize the tenant for invoking their rights under this law. Doing so may open you to legal liability.
    • Communicate clearly and professionally with the tenant to ensure a smooth transition and turnover of the property.
    • Prepare for re-rental of the unit after the 30-day notice period ends.

    Can You Challenge the Lease Termination?

    Generally, if the tenant follows the procedure correctly, the law does not give landlords much room to contest the lease termination. However, if you believe the tenant has not provided proper documentation or that the premises are not their primary residence, you may want to consult with an attorney to explore your options.

    Be cautious, though, as attempting to block a legally compliant lease termination may lead to liability under landlord-tenant laws or even allegations of discrimination or retaliation.

    Why This Matters for Landlords

    Understanding the Safe Housing Act is about more than compliance. It’s about being a responsible property owner. These situations can be sensitive and emotionally charged. Knowing the law helps you protect your rights as a landlord while respecting the tenant’s right to safety.

    Moreover, being informed helps you:

    • Reduce the risk of legal disputes
    • Maintain a professional reputation
    • Handle emergency lease terminations in a Compliant and ethical way

    Our Advice to Landlords

    If you receive a lease termination request under the Safe Housing Act:

    1. Review the notice and documentation carefully.
    2. Consult your attorney if anything is unclear or seems incomplete.
    3. Do not attempt to delay or deny termination if the tenant has met the legal requirements.
    4. Prepare the unit for turnover after the 30-day period expires.

    Need Legal Support?

    At Stark & Stark, we help landlords across New Jersey navigate complex landlord-tenant laws, including situations involving lease termination under the Safe Housing Act. If you’ve received a notice from a tenant and aren’t sure how to proceed, contact us for experienced legal guidance.

    Firm Highlights

    Stark & Stark Joins Growing Coalition of Law Firms in Defense of Constitutional Principles and the Independence of the Legal Profession

    Stark & Stark has joined hundreds of fellow law firms across the country in filing an amicus brief supporting Perkins Coie, WilmerHale, Jenner...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2026

    Stark & Stark is pleased to announce that 15 of its attorneys have been selected for inclusion in the list of 2026 New Jersey Super Lawyers,...

    Bruce Stern, Esq. Secures $1,000,000 Settlement in Motor Vehicle Collision Case

    Bruce Stern, Esq. recently secured a $1,000,000 settlement in a motor vehicle collision case.* “This case highlights how quickly things can go...

    Deborah Dunn, Esq. Elected to Board of Directors for Angel Flight East

    Stark & Stark is pleased to announce that Deborah Dunn, Esq., Shareholder and Civil Trial Attorney, has been elected to the Board of Directors...

    Michael Jordan, Esq. Joins the Board of the Lawrence Township Community Foundation

    It is our pleasure to announce that Michael Jordan, Esq. has joined the board of the Lawrence Township Community Foundation, an organization...

    Stark & Stark Opens Newtown, Pennsylvania Location

    Stark & Stark announced the relocation of its Yardley, Pennsylvania office to a new location in Newtown, PA. The new office is now open and...

    Joseph Lemkin, Esq. Named to ROI-NJ Influencers: Power List 2026 – Law

    Stark & Stark is proud to share that Joseph Lemkin, Esq., Shareholder, has been named to the 2026 Influencers: Power List in the Law category...

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. Secure $1,000,000 Settlement in Medical Malpractice Wrongful Death Case

    Jeffrey A. Krawitz, Esq. and Michael C. Ksiazek, Esq. recently secured a $1,000,000 settlement in a medical malpractice wrongful death...

    Joseph Cullen, Esq. and Nicole Durso, Esq. Secure $2,000,000 Settlement in Personal Injury Matter

    Joseph Cullen, Esq. and Nicole Durso, Esq. recently secured a $2,000,000 settlement in a personal injury matter involving a pedestrian who was struck...

    Stark & Stark Welcomes Susan L. Swatski, Esq. to the Firm

    Continuing in its mission to provide its clients innovative legal solutions to meet their needs, Stark & Stark PC, announced today that Susan L....

    Tim Duggan Wins Eminent Domain Challenge – Case Dismissed

    We are pleased to share that Tim Duggan of our Condemnation, Redevelopment, and Eminent Domain Group was successful in protecting the owner of a...

    James Creegan, Esq. Appointed to Board of The 200 Club of Mercer County

    It is our pleasure to announce that James Creegan, Esq. has been appointed to the Board of Directors of The 200 Club of Mercer County, an...