N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-36

Waiver of rights by agreement; unenforceability

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

Operative Text

N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-36
Any written or oral provision in any agreement whereby any tenant waives any rights under this act shall be deemed against public policy and unenforceable.

L.1974, c. 50, s. 10, eff. June 25, 1974.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8-1 et seq. § 46:8-36, any clause in a rental agreement—whether written or verbal—that purports to have a tenant give up rights granted by New Jersey's landlord-tenant act is declared contrary to public policy and legally void. This means the underlying rights remain intact regardless of what any agreement says. The provision applies equally to formal lease contracts and informal oral arrangements.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 6, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under N.J.S.A. 46:8-1 et seq. § 46:8-36 should be aware that lease clauses or verbal understandings designed to have tenants surrender statutory rights are unenforceable as a matter of New Jersey law. Compliant operators generally review their lease templates to ensure no language attempts to waive tenant protections established by the act. Relying on such clauses in any dispute is unlikely to produce the intended legal effect, since courts treat them as void from the outset.

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. 46:8-1 et seq. § 46:8-36 protects tenants by making any agreement—oral or written—that waives statutory rights legally unenforceable. If a lease contains such a clause, tenants generally retain the full rights the act provides, as though that clause were never included. Tenants who believe a landlord is relying on a waiver clause to deny them statutory protections may consider raising the provision as a defense in any proceeding, contacting a local tenant-rights organization, or consulting an attorney familiar with New Jersey landlord-tenant 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 6, 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