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Subletting Laws in New Jersey

Previous court cases in New Jersey give tenants the right to sublease and require landlords to accept qualified replacements.


The New Jersey Department of Community Affairs says that tenants can sublease legally as long as the lease don't outright prohibit it. Just as in all states, tenants are still responsible for the lease obligations until the lease expires, even though their subtenant is covering the financial obligations.

New Jersey doesn't have any statutes on the record that provide any additional guidance for landlords and tenants with questions about subletting, so you'll need to rely on case law.

Residential and commercial tenants have the right to sublease

Berkeley Development Co. v. Great Atlantic & Pacific Tea Company states the following:

Absent an express prohibition in a lease, a tenant has a right to assign, sublet, mortgage the leasehold interest and otherwise transfer the lease and leasehold interest.

Landlords have a duty to mitigate damages by accepting a subtenant

If you move out before your lease is up in New Jersey, your landlord is required to mitigate damages—that is, make a good faith effort to re-rent the unit so that you're no longer responsible for the rent under your original lease. This was established by a 1977 court case involving

Next steps

Find out more about subletting in New Jersey.

The information provided on this website does not, and is not intended to, constitute legal advice.