Can a Residential Landlord in New Jersey Waive Liability for Negligence or Injuries in a Lease?

Landlord tenant law waive liability:

Can a Residential Landlord in New Jersey Waive Liability for Negligence or Injuries in a Lease?

New Jersey law strongly disfavors provisions in residential leases that attempt to waive or disclaim a landlord’s liability for negligence or injuries that occur on leased premises. Such provisions are generally unenforceable as they violate public policy and the legal principles underpinning landlord-tenant relationships. Here’s what you need to know.

New Jersey Law and Public Policy

Courts in New Jersey emphasize that exculpatory clauses—provisions that release one party from liability for negligence—must not violate public interest or policy. This stance applies particularly in residential leases, where landlords and tenants often have unequal bargaining power.

Statutes such as N.J. Stat. § 46:8-36 explicitly prohibit lease provisions that waive a tenant’s rights under the Landlord-Tenant Act. Similarly, N.J. Stat. § 2A:18-61.55 renders any agreement waiving tenant rights under the Anti-Eviction Act void and unenforceable. These laws highlight the state’s strong commitment to protecting tenants and ensuring landlords maintain their legal duties.

Implied Warranty of Habitability

Landlords in New Jersey are bound by the implied warranty of habitability, which requires them to maintain the rental property in a condition suitable for living. If landlords fail to meet this duty, tenants cannot be forced to waive their right to legal recourse—even if the lease contains an exculpatory clause. Unsafe or hazardous conditions, such as broken stairs or faulty wiring, fall squarely within this warranty.

Case Law Guidance

In Kuzmiak v. Brookchester (1955), the court invalidated an exculpatory clause in an apartment lease, reasoning that landlords have a non-delegable duty to maintain habitable premises. More recent cases, such as Hojnowski v. Vans Skate Park (2006) and Walters v. YMCA (2014), reaffirm that exculpatory agreements in settings with unequal bargaining power or significant public interest, like residential leases, are against public policy.

Exceptions and Limitations

While landlords cannot waive liability for negligence, there are exceptions where liability may not apply:

• Tenant’s Negligence: If the tenant’s actions contributed to the injury, liability may be reduced.
• Notice of Hazard: A landlord’s liability for injuries resulting from hazardous conditions may depend on whether the tenant notified the landlord about the problem.
• Third-Party Acts: Landlords are generally not liable for injuries caused by third parties unless they failed to take reasonable security measures.

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Best Practices for Landlords and Tenants

Landlords:

1. Avoid including unenforceable exculpatory clauses in leases.
2. Regularly inspect and repair rental properties to prevent hazards.
3. Maintain comprehensive liability insurance.

Tenants:

1. Report unsafe conditions to the landlord promptly and in writing.
2. Document any injuries or damages that occur on the property.
3. Consult an attorney to review lease agreements and understand your rights.

Free Video Conference Consultations

If you’re a tenant or landlord facing legal issues related to lease agreements, negligence, or injuries, you don’t have to navigate the complexities alone. At The Law Office of Barry E. Janay, P.C., we offer free video conference consultations to discuss the particulars of your case and provide tailored legal advice.

Understanding your rights and obligations under New Jersey law can help you avoid disputes and protect your interests. Contact our experienced legal team today to schedule your free consultation and learn how we can assist you.

Barry E. Janay

Associate Attorney

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