N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.55

Tenant waivers, unenforceable

In Force
Verified 10/6/2026 · Next check 11/5/2026
effective 10/6/2026New JerseyProhibited Clauses

Operative Text

N.J. Stat. Ann. § 2A:18-51 et seq. § 2A:18-61.55
16. Any agreement whereby the tenant waives any rights under this act shall be deemed to be against public policy and unenforceable.

L.1991,c.509,s.16.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 2A:18-61.55, any contractual clause or agreement in which a tenant gives up rights granted by this act is considered contrary to public policy and carries no legal force. This means that even if a tenant signs a document purporting to waive those protections, that waiver cannot be enforced against them. The rule applies regardless of whether the waiver appears in a lease, a side agreement, or any other written or oral arrangement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under N.J.S.A. 2A:18-61.55 should be aware that lease clauses or separate agreements designed to have tenants surrender statutory rights under this act are void and unenforceable as a matter of New Jersey public policy. Compliant operators generally avoid drafting or presenting any such waiver language, since including it in a lease does not create a binding obligation on the tenant and may raise questions about the overall lease. Reviewing lease templates with qualified legal counsel to ensure no provisions run afoul of this section is a common practice among well-managed properties.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.J.S.A. 2A:18-61.55 establishes that any agreement asking you to give up rights under this act is unenforceable, meaning a landlord cannot rely on such a clause to strip away your statutory protections. If a lease or other document you signed contains a waiver of these rights, that clause is generally treated as void under New Jersey law. Tenants who believe a landlord is attempting to enforce such a waiver may consider consulting a tenant-rights organization or legal aid office familiar with New Jersey housing law for general information about available options.

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.

Effective Timeline

Current
Oct 6, 2026
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Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease