Irvington, NJ Residential Lease Agreement
Irvington · Essex County, New Jersey
Irvington municipal data verified: August 10, 2026
Page content reviewed: August 19, 2026
Free, no email required. The Word file is a blank you fill in; the print version opens in a new tab and saves as a PDF from your browser's print dialog. Both include Irvington's municipal addendum.
What Irvington requires before the tenant moves in
Certificate of Habitability.
When it applies. An owner, landlord, or managing agent may not rent, lease, or deliver up any residential dwelling unit for occupancy until a temporary or permanent Certificate of Habitability is issued. Does not apply to premises of one to four dwelling units where at least one unit is owner-occupied.
Who handles it. Department of Housing Services (Director of the Department of Housing Services or designee); inspections by a designated Code Enforcement Officer
From the ordinance. Code of the Township of Irvington Ch. 355, Sec. 355-15B. Fee is $98 per dwelling unit; each reinspection is $47 per unit. The certificate must be renewed every two years, with a new application filed even if the same tenant is still in the unit. Apply at least five business days before the anticipated occupancy date. The certificate states the maximum number of persons permitted, and the owner must deliver or mail a copy to the tenant within seven days of issuance and obtain a written receipt. Irvington separately issues a Certificate of Housing Compliance on transfer of ownership (Sec. 355-15A) and a Certificate of Continued Occupancy for commercial change of tenant; those are different instruments from the rental Certificate of Habitability.
What that means for your lease start date
The lease start date in Section 2 of the template is the date the tenant is entitled to occupy the unit. In Irvington that date should fall after the certificate or inspection above has been issued, not before it. Schedule the inspection first, then write the start date.
If the certificate slips, the tenant cannot lawfully take occupancy on the day the lease says they can, and you are holding a signed contract you cannot perform. The copy of the lease on this page carries Irvington's requirement as a printed addendum so the person signing it can see the same thing.
Official sources
- https://ecode360.com/30530769
- https://ecode360.com/30530768
- New Jersey Landlord Registration / Identity Law (N.J.S.A. 46:8-27 to 46:8-37)
Verified 2026-08-10 against the sources above. Ordinances change; confirm with Department of Housing Services (Director of the Department of Housing Services or designee); inspections by a designated Code Enforcement Officer before the tenant moves in.
Required statewide, on top of Irvington's rule
Register as a landlord (New Jersey Landlord Registration / Identity Law, N.J.S.A. 46:8-27 to 46:8-37). File within 30 days, or at creation of the first tenancy in a newly constructed/reconstructed building (46:8-28). Give each tenant a copy of the registration certificate at the start of a new tenancy (46:8-29). File an amended certificate within 20 days of any change to the form's information (46:8-28.2).
File with the right office. One-unit or two-unit non-owner-occupied: Municipal clerk of the town where the property is located (or the official the clerk designates). Three or more units: NJ DCA Bureau of Housing Inspection. Owners of tenant-occupied single-family and two-family properties must also file a registration with the DCA Bureau of Housing Inspection (46:8-28.5), with limited exceptions (e.g., certified lead-free or post-1978 owner-occupied two-family, seasonal rental under 6 months).
If you do not register. In an action for possession by a non-compliant landlord, no judgment for possession until registration; the court continues the case up to 90 days, then dismisses (46:8-33). Penalty up to $500 per offense (46:8-35); tenant rights cannot be waived (46:8-36).
Questions
Does Irvington require a certificate of occupancy before a new tenant moves in?
Yes. Irvington runs a Certificate of Habitability. An owner, landlord, or managing agent may not rent, lease, or deliver up any residential dwelling unit for occupancy until a temporary or permanent Certificate of Habitability is issued. Does not apply to premises of one to four dwelling units where at least one unit is owner-occupied. Code of the Township of Irvington Ch. 355, Sec. 355-15B. Fee is $98 per dwelling unit; each reinspection is $47 per unit. The certificate must be renewed every two years, with a new application filed even if the same tenant is still in the unit. Apply at least five business days before the anticipated occupancy date. The certificate states the maximum number of persons permitted, and the owner must deliver or mail a copy to the tenant within seven days of issuance and obtain a written receipt. Irvington separately issues a Certificate of Housing Compliance on transfer of ownership (Sec. 355-15A) and a Certificate of Continued Occupancy for commercial change of tenant; those are different instruments from the rental Certificate of Habitability. Confirm current details with Department of Housing Services (Director of the Department of Housing Services or designee); inspections by a designated Code Enforcement Officer and the official sources on this page.
When can the lease start in Irvington?
Set the start date after the certificate or inspection is issued, not before. An owner, landlord, or managing agent may not rent, lease, or deliver up any residential dwelling unit for occupancy until a temporary or permanent Certificate of Habitability is issued. Does not apply to premises of one to four dwelling units where at least one unit is owner-occupied. If the certificate is late, the tenant cannot lawfully take occupancy on the date written in the lease, which is the problem this page exists to prevent.
Do I still have to register as a landlord in Irvington?
Yes. Irvington's municipal requirement is on top of, not instead of, New Jersey's statewide Landlord Registration / Identity Law (N.J.S.A. 46:8-27 to 46:8-37). Both apply.
Related
- Landlord registration and certificate of occupancy in Irvington
- New Jersey lease agreement template - the statewide version and every other town
- What New Jersey law requires in a lease
This content is for informational purposes only and does not constitute legal, financial, or tax advice. Consult a licensed attorney or real estate professional for advice specific to your situation.