N.J. Stat. Ann. § 46:8C-1 et seq. § 46:8C-5

Waiver of provisions of act by agreement; invalidity

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

Operative Text

N.J. Stat. Ann. § 46:8C-1 et seq. § 46:8C-5
Any provision of a lease or other agreement whereby any provision of this act is waived shall be deemed against public policy and shall be void.

L.1973, c. 153, s. 5.
Source: Legislative text reproduced verbatim
Plain English

Under N.J.S.A. 46:8C-5, any clause in a lease or other agreement that attempts to waive or give up rights established by the New Jersey Condominium Conversion Act (N.J.S.A. 46:8C-1 et seq.) is treated as contrary to public policy and has no legal effect. The provision renders such waiver clauses void from the outset, meaning neither party can contractually opt out of the Act's protections. The underlying rights and obligations created by the Act remain in force regardless of what any lease or side agreement may say.

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. 46:8C-1 et seq. generally ensure that their lease agreements and any related documents do not contain clauses that purport to waive tenant rights established by the Act, since § 46:8C-5 renders such clauses void and unenforceable. Compliant operators review lease templates to confirm that no language—even if agreed to by both parties—attempts to contract around the Act's requirements. Because such provisions are void as against public policy, including them in a lease provides no legal benefit and may create complications in the landlord-tenant relationship.

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. 46:8C-5 means that if a lease or other agreement contains language purporting to waive any protection granted by the New Jersey Condominium Conversion Act (N.J.S.A. 46:8C-1 et seq.), that language is legally void and cannot be enforced against a tenant. Tenants who believe a landlord is relying on such a waiver clause may raise the invalidity of that clause as a defense in any relevant proceeding. Tenant-rights organizations and legal aid services familiar with New Jersey housing law can help tenants understand how this provision may apply to their circumstances.

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