N.J. Stat. Ann. § 46:8-1 et seq. § 46:8-9.1
Termination on death
Operative Text
Any lease for a term of one or more years of a property that has been leased and used by the lessee solely for the purpose of providing a dwelling place for himself, or for himself and his family, may be terminated prior to the expiration date thereof, in the event of the death of such lessee or in the event of the death of such lessee or his spouse, as the case may be, upon notice duly given by such lessee or by the executor or administrator of his estate or by the surviving spouse in the event that such lease was executed jointly by husband and wife. Such termination shall take effect on the fortieth day following the receipt by the lessor of written notice thereof, and the rent shall be paid up to the time of such termination, whereupon the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor at least five working days prior to the fortieth day following receipt by the lessor of written notice. The provisions of this act shall not apply to any lease the terms whereof shall explicitly provide otherwise. L. 1971, c. 318, s. 1. Amended by L. 1971, c. 445, s. 1, eff. Feb. 15, 1972; L. 1985, c. 317, s. 2, eff. Aug. 28, 1985.
Under N.J.S.A. 46:8-9.1, a residential lease of one year or more can be ended early when the tenant — or, in a joint lease, the tenant's spouse — dies. The estate's executor, administrator, or surviving spouse may give written notice to the landlord, and the lease terminates on the fortieth day after the landlord receives that notice, with rent owed through that termination date. The vacated property must be returned to the landlord at least five working days before that fortieth day. This statutory right does not apply if the lease itself explicitly states different terms.
Plain English — not legal advice.
Operators managing residential properties covered by N.J.S.A. 46:8-9.1 should be prepared to accept early-termination notices from a deceased tenant's estate representative or surviving spouse. A compliant landlord tracks the date written notice is received, calculates the fortieth-day termination deadline, and confirms that the unit is vacated and possession transferred at least five working days before that deadline. Landlords who wish to set different terms should be aware that any such deviation must be explicitly stated in the lease itself, as the statute defers to explicit contrary lease language.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.S.A. 46:8-9.1 gives the estate or surviving spouse of a deceased residential tenant the right to terminate a lease of one year or more without waiting for the lease's natural expiration date. Written notice must be delivered to the landlord, and the lease ends on the fortieth day after the landlord receives it, with rent owed only through that date. Those navigating this process may find it helpful to consult a tenant-rights organization or legal aid office familiar with New Jersey landlord-tenant law to understand how notice should be documented and delivered.
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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