Short-Term Rentals in Toms River, NJ

Toms River maintains 136 local ordinances across all categories, and 10 of those deal specifically with short-term rentals. Here is a breakdown of what the city actually requires, what is prohibited, and where Toms River falls on the strict-to-permissive spectrum compared to other cities.

Primary-Residence-Only Rule

Toms River Township's short-term room rental exception applies only when the dwelling is owner-occupied year-round, one of nine conditions listed under Township Code § 335-41.

Key details: Occupancy required: Owner lives on-site year-round. Condition count: One of nine § 335-41 conditions. Applies to: Single-room rentals only. Enforcement: Bureau of Property Maintenance.

A room rental in a non-owner-occupied dwelling fails § 335-41 and counts as a prohibited short-term rental under § 335-39, exposing the owner to maximum municipal fines and certificate-of-occupancy revocation.

Toms River Township bans short-term rentals townshipwide: no dwelling or room may be leased for less than 30 days. The Township carves out one exception for the barrier island between Barnegat Bay and the Atlantic Ocean, where landlords may rent for a minimum of two days from April 1 through November 30, matching the shore season.

Key details: Townshipwide minimum stay: 30 days. Barrier island minimum stay: 2 days. Barrier island season: April 1 - November 30. Enforcers: Property Maintenance Bureau, Police. Penalty basis: N.J.S.A. 40:49-5, 40:69A-29.

Renting outside the 30-day floor, or outside the two-day/April-through-November barrier island window, exposes an owner to the maximum fines and penalties under N.J.S.A. 40:49-5 and 40:69A-29, with every day of a noncompliant rental counted as a separate offense (§ 335-46). The Bureau of Property Maintenance and the Police Department both have authority to enforce the rule (§ 335-45), and a rental certificate of occupancy can be suspended after a third violation notice (§ 335-49).

This is not one of those rules that cities tend to ignore. Toms River actively enforces its extended home share requirements.

Repeat Violator Strikes

Toms River Township automatically suspends a rental certificate of occupancy the moment a landlord receives a third violation notice under any part of the Township Code.

Key details: Trigger: Third notice of violation. On conviction: One-year revocation. Scope: Any Township Code violation. Section: § 335-49B.

A third violation notice triggers automatic suspension pending the case outcome; a conviction or guilty plea escalates the penalty to a full one-year revocation of the rental certificate.

This is not one of those rules that cities tend to ignore. Toms River actively enforces its repeat violator strikes requirements.

Host Platform Liability

Toms River Township Code § 335-44 bans print, electronic, and Internet advertising of any rental, including platform listings, that violates the Article VI short-term rental rules.

Key details: Prohibited: Ads for noncompliant rentals. Covers: Print, electronic, Internet ads. Treated as: Violation separate from illegal rental. Enforcement: Property Maintenance & Police.

Advertising a noncompliant rental is its own Township Code violation, separate from the underlying illegal rental, subject to maximum fines under N.J.S.A. 40:49-5 and 40:69A-29 for each day the ad runs.

This is not one of those rules that cities tend to ignore. Toms River actively enforces its host platform liability requirements.

Taxes & Fees

Toms River Township charges a $150 registration and inspection fee for every rental unit, including short-term/seasonal rentals, plus separate amended-registration, reinspection, and late fees.

Key details: Registration & inspection fee: $150. Amended registration fee: $50. Reinspection fee: $50. Late fee (30+ days): $35.

Failure to pay the registration, inspection, or reinspection fee within 30 days adds a $35 late charge, and an unregistered short-term rental cannot lawfully be leased or advertised under § 335-5.

Short-Term Rental Permits

Toms River Township requires every short-term and seasonal rental to be registered, inspected, and issued a certificate of occupancy by the Bureau of Property Maintenance before it can be advertised or leased.

Key details: Registration fee: $150 registration and inspection. Seasonal rental term: 2 to 29 days. Seasonal season: April 1 to Nov. 30. Recertification: Annual (seasonal) / 3-yr (nonseasonal).

Leasing, occupying, or advertising an unregistered rental unit violates § 335-5, and occupancy of the unit is prohibited until it is registered and certified: with unresolved deficiencies barring any tenancy.

This is not one of those rules that cities tend to ignore. Toms River actively enforces its short-term rental permits requirements.

Occupancy Limits

Toms River caps how many people may occupy a rental, including short-term room rentals, using a 70-square-foot-per-sleeper standard plus room-by-room minimums in Table 1.

Key details: Sleeping-room minimum: 70 sq ft, 1 occupant. Additional occupant add-on: +50 sq ft each. Deck/porch limit: 1 person per 9 sq ft. STR cross-reference: § 335-41(5).

Leasing or subleasing to more occupants than the certificate of occupancy's documented limit, including via a short-term room rental, is a separate violation of § 335-15, enforced by the Bureau of Property Maintenance.

Insurance Requirements

A Toms River Township homeowner renting a single room to a lodger must carry sufficient insurance coverage and give the township proof of it, one of the conditions in the room-rental rule.

Key details: Requirement: owner must carry insurance. Proof: furnished to the Township. Applies to: single-room rentals. Paired rule: owner-occupied year-round.

Failing to maintain and prove the required insurance is a chapter violation subject to the maximum fines under N.J.S.A. 40:49-5 and 40:69A-29, each day a separate offense, and can support revocation of the rental certificate of occupancy under § 335-47.

Host Presence Rule

Toms River Township allows the rental of a single room within a home, but only if the owner lives there year-round. Section 335-41 of the Township Code bars renting multiple rooms to different tenants altogether, and lets a single room go to one tenant only if the dwelling remains owner-occupied, inspected, insured and registered.

Key details: Multi-room/multi-tenant rentals: Prohibited. Single-room rental condition: Owner must live on-site year-round. Minimum lease term: One month, one tenant. Minimum bedrooms required: Two. Bedroom locks: Privacy only, no key locks.

A room rental that fails any condition in § 335-41.B, including the requirement that the owner occupy the dwelling year-round, falls back under the article's general prohibitions and the maximum fines and penalties set by N.J.S.A. 40:49-5 and 40:69A-29, with each day of violation a separate offense (§ 335-46). The Bureau of Property Maintenance and Police Department enforce the rule (§ 335-45), and the rental certificate of occupancy can be suspended or revoked (§§ 335-47 through 335-49).

Compared to other cities, Toms River takes a harder line on host presence rule. The enforcement and penalty structure reflects that.

Short-Term Rental Parking Rules

Toms River Township allows renting a single room in a home short-term only if the property provides one on-premises parking space for the tenant's vehicle, among other conditions.

Key details: Parking required: One on-premises space for tenant. Applies to: Single-room rentals only. Minimum tenancy: One month. Section: § 335-41B(11).

Room rentals lacking on-site tenant parking, or violating any other § 335-41 condition, are treated as unauthorized short-term rentals; owners face maximum municipal fines under N.J.S.A. 40:49-5 and 40:69A-29, plus certificate revocation.

The Bottom Line

Toms River is tougher than many cities when it comes to short-term rentals. Out of the 10 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Toms River, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Toms River's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.