Tenant disclosures in Montclair, NJ

2 rules apply — the local one first, then the county and state rules that bind alongside it.

Flood-risk notice before every lease, and the tenant can walk if it is missed
New Jerseyhigh confidence

Verified on 2026-08-17.

Since 20 March 2024 a landlord must tell each tenant, before the lease is signed or renewed, whether the property lies in FEMA's Special Flood Hazard Area or its Moderate Risk Flood Hazard Area, and must disclose actual knowledge of prior flooding — on the notice form the Department of Community Affairs publishes. A tenant who later discovers the property is in either area may terminate the lease by written notice.

The same shape as Truth-in-Renting and just as easy to get wrong: premises containing not more than two dwelling units are outside the landlord notice whoever lives there, owner-occupied premises of not more than three dwelling units are outside it too, and so are hotels, motels and guest houses let for under 120 days. So most two-family purchases carry no landlord flood-notice duty at all — which is a reason to read the flood maps, not a reason not to.

Three questions on the rental form: whether the property is wholly or partly in the 100-year Special Flood Hazard Area on FEMA's current maps, whether it is in the 500-year Moderate Risk area, and whether the rental premises or the parking areas have ever taken flood damage, water seepage or pooled water from a natural flood event — with the count, the dates and a description of each. Both landlord and tenant sign it. Do not confuse this with the seller's obligation under the same act: the Property Condition Disclosure Statement asks the seller about flood insurance and prior federal disaster assistance, and the rental notice asks neither. The remedy is what makes this an underwriting fact rather than a paperwork one — a missed disclosure lets the tenant end the lease on written notice, effective when they hand back possession.

Unit counts
3+ units
Owner-occupied exemption
Yes

In effect since 2024-03-20.

Sources

Hand every tenant the state's Truth in Renting statement, and post it
New Jerseyhigh confidence

Verified on 2026-08-17.

The Truth-in-Renting Act requires a landlord to give every tenant a copy of the Department of Community Affairs' Truth in Renting statement within 30 days of the department making it available, to give the current statement to each new tenant at or before the time they take occupancy, and to keep a copy posted where tenants can see it.

Two separate carve-outs, and the second is the one people get wrong: premises containing not more than two dwelling units are exempt whoever lives there, and owner-occupied premises of not more than three dwelling units are exempt as well. So a three-family is covered if the owner lives elsewhere and exempt if they live in it. Hotels, motels and guest houses serving transient or seasonal guests are outside the Act entirely.

Small money, and worth doing anyway for what rides alongside it: the same Act voids a lease provision that violates clearly established tenant rights and lets a tenant petition to terminate a lease containing one, and a tenant cannot waive receipt of the statement. Inheriting a seller's lease form is inheriting whatever is in it.

Unit counts
3+ units
Owner-occupied exemption
Yes

Sources

  • NJ DCA — Truth-in-Renting Act (statutory reprint) — Truth-in-Renting Act, N.J.S.A. 46:8-43 to 46:8-50 — §46:8-44 (who is a landlord), §46:8-46 (distribution and posting), §46:8-47 (penalty), §46:8-48 (unlawful lease provisions)
  • NJ DCA — Truth in Renting statementThe statement itself paraphrases the duty as running from the department posting it on its website and as owed at lease signing. The statute says "made available" and "assumes occupancy"; the statute governs.

Every rule for Montclair, NJ