Can't Pay Rent in New Jersey: What Are My Options?

What the law says

1. 1

   In New Jersey, your landlord may charge you a late fee if you pay your rent after a set date. The fee should be clearly written in your lease.

   Source:

   1. The Lease: Late Fees and Grace Period (N.J.S.A. 2A:42-6.1 to -6.3), New Jersey Department of Community Affairs, Division of Housing and Community Resources. A government guide.
2. 2

   If you are a senior citizen, you get a 5-business-day grace period (extra time) before your landlord can charge you a late fee. A business day does not count Saturdays, Sundays, or state and federal holidays.

   Source:

   1. The Lease: Late Fees and Grace Period (N.J.S.A. 2A:42-6.1 to -6.3), New Jersey Department of Community Affairs, Division of Housing and Community Resources. A government guide.
3. 3

   Your landlord can make you pay their attorney fees and court costs if they take you to court for not paying rent. This only applies if your lease clearly says so.

   Source:

   1. The Lease: Late Fees and Grace Period (N.J.S.A. 2A:42-6.1 to -6.3), New Jersey Department of Community Affairs, Division of Housing and Community Resources. A government guide.
4. 4

   Your written lease must say a late fee counts as rent for a judge to treat it that way in an eviction case. If your lease does not say this, a judge may not count the late fee as rent you owe.

   Source:

   1. The Lease: Late Fees as Additional Rent, New Jersey Department of Community Affairs, Division of Housing and Community Resources. A government guide.

Talk to your landlord

5. 5

   Contact your landlord as soon as you know you cannot pay your full rent. Explain your situation and ask if you can set up a plan to pay what you owe over time.

   Source:

   1. Our editorial rules.
6. 6

   If your landlord agrees to a payment plan, get it in writing with the amount and dates you will pay. Keep a copy for your records.

   Source:

   1. Our editorial rules.
7. 7

   Keep a record of every conversation with your landlord about your rent. Save texts, emails, letters, or notes with the date on them.

   Source:

   1. Our editorial rules.

Get help paying rent

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   New Jersey's Homelessness Prevention Program can pay up to 3 months of the rent you owe. It applies if you are in danger of eviction because of a temporary money problem beyond your control.

   Source:

   1. Homelessness Prevention Program (HPP), NJ Department of Community Affairs, Office of Homelessness Prevention. A government guide.
9. 9

   New Jersey's DCAid tool can help you find rent help, help with utilities (such as water, electric, and gas), and other programs. These programs help you avoid losing your home. NJ 211 says to start there if you need help paying rent.

   Source:

   1. Housing Assistance for Renters: DCAid Screening Tool, NJ 2-1-1 Partnership. A nonprofit group.

If you still cannot pay

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    New Jersey law says a landlord cannot evict you if you pay the full amount of rent you owe. Even after a judge rules against you, you still have 3 business days to pay the rent and any court-approved costs to avoid eviction. Your landlord cannot refuse that payment. This site's New Jersey eviction guide explains the full eviction court process.

    Source:

    1. After the Trial: Unpaid Rent, New Jersey Courts. A government guide.
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    Winning an eviction case does not give your landlord the rent you still owe. To collect unpaid rent from you, your landlord must file a separate case in special civil court or small claims court.

    Source:

    1. After the Trial: Unpaid Rent, New Jersey Courts. A government guide.