The New Jersey Safe Housing Act is a law that allows domestic violence victims and/or their children who are tenants to end their lease before it is over. The purpose of the law is to help victims who are tenants find safe, long-term housing. The number of this law, called the cite, is N.J.S.A 46:8-9.4. (A cite tells you the book in which the law is located.)

Tenants must give written notice to the landlord

Under the law, a tenant must give the landlord written notice to end a lease early. The lease will then end 30 days after the landlord receives this notice. You are required to pay the rent until this 30th day. The notice must tell the landlord that:

• Staying in the leased apartment or building will cause the victim/tenant or tenant’s child or any child to face an immediate threat of serious physical harm from another person. For the purposes of this law, the definition of domestic violence has been expanded to include a threat against any child. The child does not have to be a child born to the victim and the abuser. For a full description of offenses considered domestic violence, see The 19 Crimes of Domestic Violence​.

• The threat of serious physical harm comes from a specific person. (Tenants may not end a lease based on a general threat.) For example, this requirement would be met if the abuser knows where the victim lives and there has been a previous incident of domestic violence (even if it did not occur at the leased location).

The written notice must include other evidence of the threat

The victim/tenant must send other evidence (proof) of the threat with the written notice ending the lease. The other evidence should show the reasons the victim/tenant is facing an immediate threat of serious physical harm. The following documents are examples of acceptable evidence of the threat:

• A certified (official) copy of a final (not a temporary) restraining order based on the New Jersey Prevention of Domestic Violence Act protecting the victim/tenant from the same abusive person named in the written notice

• A certified copy of a final restraining order from another jurisdiction (state or country) based on the domestic violence law of that other jurisdiction protecting the victim/tenant from the same abusive person named in the written notice

• A law enforcement agency record (such as a police report) documenting the domestic violence or certifying (officially stating) that the victim/tenant or child of the tenant is a victim of domestic violence

• The notes or reports of a doctor or nurse or other health care provider from a hospital or emergency room or private medical office describing injuries from the domestic violence

• A written certification (official statement) from a certified Domestic Violence Specialist or the director of a designated (officially recognized) domestic violence agency stating that the tenant or a child of the tenant is a victim of domestic violence

• Other documentation or certification from a licensed social worker that the tenant or a child of the tenant is a victim of domestic violence.

The documents that a victim/tenant sends with the written notice to the landlord are very important. Please note that:

• Any restraining order sent must be a final restraining order (FRO). A temporary restraining order (TRO) by itself is not enough, although a TRO sent with other acceptable documentation may help.

• The people who write reports or letters should state the reasons they are qualified to write the reports.

• The report or letter should explain what the person is relying on in order to talk about the victim of domestic violence. For example, the writers should mention any in-person meeting or any other documents that were reviewed.

It is recommended that the tenant be connected with their county domestic violence agency. For a list of these agencies, see Domestic Violence Emergency Resources.

Federally Subsidized Housing

Domestic violence victims have additional rights under the Violence Against Women Act (VAWA), and should seek legal advice to discuss those rights.

When will the lease end?

Thirty days after the landlord receives the notice, if the victim tenant has made a good faith effort to complete the other requirements.  This means providing the supporting documents and paying the rent up to the date of termination.

If there are other tenants on the lease, the other tenants’ lease also ends. The other tenants may enter into a new lease if the landlord chooses. The other tenants should not be removed from the home unless the landlord has good cause under landlord/tenant laws.

What about my security deposit?

If you end your lease and leave, the New Jersey Safe Housing Act states that the landlord must return your security deposit within 15 days after you are out. The law allows the landlord to keep part of the deposit if you damaged the apartment or owe rent. The landlord must send a notice to your last known address within three business days after you leave to let you know where you can go to get your deposit back. If the landlord has kept some of the deposit money, the written notice must also tell you why. If you do not agree with the reasons the landlord gives for keeping some of the deposit, you may sue the landlord in small claims court for two times the amount the landlord kept, plus any fees you pay if you have to hire an attorney to help you. (The cite to the law about the return of security deposits is N.J.S.A. 46:8-21.1.)

Personal information must be kept confidential

To be successful and end a lease under this law, you will have to reveal very personal information about your situation. The New Jersey Safe Housing Act requires that landlords and/or municipal clerks must keep it private and confidential. They are prohibited from revealing any information about the domestic violence. Landlords are also specifically prohibited from entering the information into any shared database, such as one that would be available to tenant-screening companies or other agencies that generate tenant-screening reports. The law does, however, allow the landlord to use the information with your consent, if necessary for a future court proceeding about the tenancy.

The New Jersey Safe Housing Act goes a long way in helping victims of domestic violence who are trying to leave a dangerous situation. If you are a victim seeking assistance with a domestic violence issue, please call LSNJLAW^SM, Legal Services of New Jersey’s statewide, toll-free legal hotline, at 1-888-LSNJ-LAW (1-888-576-5529). You may also apply online.

This information last reviewed: Sep 1, 2023