N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.9
Liability for enforcing, attempting to enforce provision deemed against public policy, unenforceable
Operative Text
3. A person who enforces or attempts to enforce a provision deemed against public policy and unenforceable pursuant to P.L.2019, c.39 (C.10:5-12.7 et seq.) shall be liable for the employee's reasonable attorney fees and costs. L.2019, c.39, s.3.
Under N.J.S.A. 10:5-12.9, any person who enforces or attempts to enforce a contractual provision that has been deemed against public policy and unenforceable under New Jersey's P.L.2019, c.39 can be held financially liable for the other party's reasonable attorney fees and costs. This provision creates a monetary consequence designed to deter the use of such prohibited contract terms. The liability attaches not only to successful enforcement attempts but also to unsuccessful ones.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 10:5-12.9 should be aware that lease or employment-related provisions previously deemed against public policy under P.L.2019, c.39 cannot be enforced without risking liability for the other party's attorney fees and costs. Compliant operators generally review their agreements to identify and remove any clauses that fall within the scope of C.10:5-12.7 et seq. before attempting to rely on them. Continuing to invoke such provisions, even informally or as a negotiating tactic, may be sufficient to trigger liability under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 10:5-12.9 gives individuals a meaningful financial remedy when someone attempts to enforce a contract provision that New Jersey law has declared against public policy under P.L.2019, c.39, including the right to recover reasonable attorney fees and costs. Tenants or employees who believe a landlord or employer is attempting to enforce such a prohibited provision may have grounds to raise this statute as a defense or basis for a claim. Consulting a tenant-rights organization or legal aid office can help individuals understand whether a specific provision falls within the scope of C.10:5-12.7 et seq. and what enforcement paths may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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