New Jersey § 46:8-9
Full text of New Jersey New Jersey Statutes § 46:8-9, with citation guidance and answers to common questions.
§ 46:8-9.
A lease for a term of one or more years of a property that has been leased and used
by the lessee solely for the purpose of providing a dwelling place for the lessee, or the lessee and the lessee's family, may be terminated prior to the expiration date thereof if : a. the lessee or the lessee's spouse, or both, suffer a disabling illness or accident provided that the lessee , the lessee's spouse, or other legal representative provides written notice of termination of the lease
to the lessor and appends thereto (1) certification of a treating physician that the lessee or the lessee's spouse is unable to continue to engage in gainful employment; (2) proof of loss of income; and (3) proof that any pension, insurance or other subsidy to which the lessee or the lessee's spouse is entitled is insufficient to supplement the income of the lessee or the lessee's spouse so that the rent on the property in question can be paid and that the income
is necessary for payment of the rent ; or b. the lessee or the lessee's spouse, or both, one of whom shall be age 62 years or
older, is accepted into an assisted living facility, a nursing home, or a continuing
care retirement community provided that the lessee, the lessee's spouse, or other
legal representative provides written notice of termination of the lease to the lessor
and appends thereto (1) a certification of a treating physician that the lessee or
spouse is in need of services provided by the assisted living facility, nursing home,
or continuing care retirement community and (2) documentation that the lessee and
spouse have been accepted into an assisted living facility, a nursing home, or a continuing
care retirement community, or c. the lessee or the lessee's spouse, or both, one of whom shall be age 62 years or
older, is accepted into housing reserved for occupancy by low or moderate income households,
as that term is defined pursuant to section 4 of P.L.1985, c. 222 ( C.52:27D-304 ), provided that the lessee is not currently residing in low or moderate income housing
and that the lessee, the lessee's spouse, or other legal representative provides written
notice of termination of the lease to the lessor and appends thereto documentation
of a lease or intent to lease from the facility or housing sponsor , or d. the dwelling place is not handicapped accessible by a lessee or a member of the lessee's household who suffers a disabling illness or accident, provided that written notice of termination of the lease is given to the lessor by the lessee , the lessee's spouse or other legal representative or other adult family member, which shall include: (1) certification from a licensed physician that the lessee or a member of his household
is handicapped and that the handicap is likely not to be of a temporary nature, and (2) a statement that the lessor has been asked to make the dwelling unit accessible to
the lessee or to a member of the lessee's household at the lessor's expense and was unable or unwilling to do so. For purposes of this section, “ handicapped ” shall mean any person who would be considered a handicapped person pursuant to the
definition in section 1 of P.L.1949, c. 280 ( C.39:4-204 ). Terminations pursuant to this section shall take effect on the fortieth day following the receipt by the lessor of the
written notice, and the rent shall be paid up to the time of termination, at which
time the lease shall cease and come to an end. The property shall be vacated and possession shall be turned over to the lessor
at least five working days prior to the fortieth day following receipt by the lessor
of written notice.
Frequently Asked Questions About New Jersey § 46:8-9
What does New Jersey Statutes § 46:8-9 cover?
Section 46:8-9 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 46:8-9?
A common citation format is "New Jersey Statutes § 46:8-9" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 46:8-9 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.