N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.36
Agreement by tenant to waive rights; deemed against public policy and unenforceable
Operative Text
Any agreement whereby the tenant waives any rights under P.L.1981, c. 226 (C. 2A:18-61.22 et seq.) on or after the effective date of this 1983 amendatory act shall be deemed to be against public policy and unenforceable. L.1981, c. 226, s. 17, eff. July 27, 1981. Amended by L.1983, c. 389, s. 2, eff. Dec. 2, 1983.
Under N.J.S.A. 2A:18-61.36, any agreement in which a tenant gives up rights granted by New Jersey's 1981 tenant-protection law (P.L.1981, c. 226) is treated as contrary to public policy and carries no legal force. This means such waivers cannot be enforced in court, regardless of whether they appear in a lease, a side agreement, or any other document. The rule has applied to agreements made on or after December 2, 1983, the effective date of the 1983 amendment.
Plain English — not legal advice.
Property owners and managers operating under New Jersey law should be aware that N.J.S.A. 2A:18-61.36 renders void any lease clause or separate agreement that purports to have a tenant surrender rights established by P.L.1981, c. 226. Compliant operators generally review their lease templates to ensure no such waiver language is included, since courts will disregard those provisions even if a tenant signed them. Keeping lease documents free of unenforceable clauses also reduces the risk of disputes arising from provisions that have no legal effect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 2A:18-61.36 establishes that tenants in New Jersey cannot be contractually stripped of the protections afforded by P.L.1981, c. 226, even if a lease or other document contains language purporting to do so. If a landlord attempts to rely on such a waiver clause, tenants generally have the option of raising the unenforceability of that clause as a defense in any relevant legal proceeding. Tenant-rights organizations and legal aid offices familiar with New Jersey housing law can help individuals understand how this provision may apply to their circumstances.
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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