N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-10
Tenant holding over; tenancy from month to month
Operative Text
Whenever a tenant whose original term of leasing shall be for a period of one month or longer shall hold over or remain in possession of the demised premises beyond the term of the letting, the tenancy created by or resulting from acceptance of rent by the landlord shall be a tenancy from month to month in the absence of any agreement to the contrary. L.1941, c. 317, p. 856, s. 1, eff. Aug. 4, 1941.
Under N.J.S.A. 46:8-10, when a tenant whose original lease was for one month or longer stays in the rental unit after the lease term ends, and the landlord accepts rent from that tenant, the law treats the resulting arrangement as a month-to-month tenancy — unless the landlord and tenant have separately agreed to different terms. This rule fills the gap that arises when a lease expires but both parties continue acting as if a rental relationship exists. The provision applies in the absence of any contrary written or oral agreement between the parties.
Plain English — not legal advice.
Property owners and managers operating under N.J.S.A. 46:8-10 should be aware that accepting rent from a holdover tenant — one whose original lease was for at least one month — generally converts the arrangement into a month-to-month tenancy by operation of law. Compliant operators typically document any alternative arrangement in writing before or at the time of holdover to avoid an unintended month-to-month relationship. Landlords who wish to establish different terms, such as a new fixed-term lease, generally put that agreement in place before accepting post-expiration rent payments.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.J.S.A. 46:8-10, tenants who remain in their unit after a lease of one month or more expires may have legal protections if their landlord accepts rent, since that acceptance can create a month-to-month tenancy by law. This status generally means the tenancy continues on a rolling monthly basis rather than ending abruptly at the original lease's expiration. Tenants who have questions about their holdover status or believe their rights under this provision are being disputed may wish to consult a tenant-rights organization or legal aid service familiar with New Jersey housing law.
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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