A New Jersey sublease agreement is a legal document that allows a person already renting property to rent out part or all of that property to a new tenant (or “subtenant”).
New Jersey law doesn’t prohibit subleasing for the original tenant, but it also doesn’t state whether the original tenant needs to seek official approval from the landlord. In any case, it’s best to seek written permission to promote transparency among all parties.
A landlord can refuse any subtenant request without further explanation if the original lease agreement doesn’t allow subleasing.
Sublease and Assignment Provision Laws: No.
Security Deposit Obligations: A sublessor needs to return a subtenant’s security deposit within 30 days of them moving out or within 30 days of the lease ending, depending on the situation.
Notices: A sublessor should provide 15 days’ written notice informing the subtenant to pay rent to vacate the property. If the sublessor plans not to renew the original lease agreement or the sublease agreement, they must notify the subtenant at least 30 days beforehand.
Tax Rates
A sublessor in New Jersey may be subject to state and local taxes if they sublet a property for less than 90 days. For example, in Jersey City, these taxes may include:
Short-term Rental Tax
The New Jersey Division of Taxation imposes taxes on “transient accommodations,” which refer to short-term rentals available for less than 90 days. [1]
Statewide taxes on New Jersey short-term rentals include:
Download a New Jersey sublease agreement template as a PDF or Word file below:
