N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-4
Original lease surrendered and new lease made; rights and duties under new lease
Operative Text
Whenever a lease shall be duly surrendered in order to secure a renewal thereof, a new lease made and executed by the chief landlord, shall, without the surrender of all or any of the under leases, be as good and valid, to all intents and purposes, as if all of the under leases had been surrendered at or before the taking of the renewal lease. Every person, in whom any estate for life or lives or for years shall, from time to time, be vested by virtue of such renewal lease, and his executors and administrators, shall be entitled to the rents, covenants and duties, and have like remedy for the recovery thereof, and the underlessees shall hold and enjoy the premises comprised in their under leases, as if the original lease, under and by virtue of which the under leases exist, had not been surrendered. The chief landlord shall have and be entitled to the same remedy by distress or entry upon the premises comprised in any such under lease, for the rents and duties reserved by the renewal lease, to the extent that the same do not exceed the rents and duties reserved in the original lease, as he would have had if the original lease had not been surrendered, or as he would have had if the under leases had been renewed under the renewal lease.
Under N.J.S.A. 46:8-1 et seq. § 46:8-4, when a primary lease is surrendered and replaced with a renewal lease, any sub-leases that exist beneath it are not automatically extinguished. The renewal lease carries the same legal force as if all sub-leases had also been surrendered and reissued. Sub-tenants retain their rights to occupy the premises, and the chief landlord retains the ability to collect rents and enforce remedies against sub-tenants up to the amounts established in the original lease.
Plain English — not legal advice.
Property owners and managers operating under layered lease arrangements in New Jersey should be aware that N.J.S.A. 46:8-1 et seq. § 46:8-4 governs what happens to sub-leases when a primary lease is surrendered for renewal. A compliant operator generally ensures that the renewal lease is properly executed by the chief landlord and that any remedies pursued against sub-tenants — such as distress or entry — do not exceed the rent and duties reserved under the original lease. Operators typically maintain clear records of both the original and renewal lease terms to ensure enforcement actions remain within the bounds this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Sub-tenants in New Jersey benefit from the protections established under N.J.S.A. 46:8-1 et seq. § 46:8-4, which preserves their right to occupy and enjoy their premises even when the primary lease above them is surrendered and renewed. This provision limits the chief landlord's ability to collect rents or pursue remedies against sub-tenants to amounts that do not exceed what was reserved in the original lease. Sub-tenants who believe a landlord is seeking rents or taking actions beyond those limits may consider consulting a tenant-rights organization or reviewing the provision's requirements with a qualified attorney.
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.
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