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Toms River, NJ Short-Term Rentals: Extended Home Share (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

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

Summary

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.

§ 335-39. Short-term rentals prohibited. No dwelling, or segment thereof, may be rented or leased for a term of less than 30 days. § 335-40. Exception for barrier island. [Amended 5-9-2017 by Ord. No. 4546-17] Notwithstanding the restriction set forth in § 335-39, minimum rentals of two days are permitted during the period from April 1 through November 30 on the barrier island. BARRIER ISLAND: The area of the Township juxtaposed geographically between the Barnegat Bay and the Atlantic Ocean.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).

Full Breakdown

" The article's purpose clause (§ 335-38) explains the Township adopted this rule to stop residential neighborhoods from being converted into "flophouses" by websites that broker transient stays, and it does not apply to lawfully operating hotels, motels, rooming houses, boardinghouses or bed-and-breakfasts. Section 335-40, amended May 9, 2017 by Ord. No. 4546-17, carves out the Township's barrier island, defined in § 335-37 as "the area of the Township juxtaposed geographically between the Barnegat Bay and the Atlantic Ocean": there, a landlord may rent for as little as two days at a time, but only during the season running April 1 through November 30.

Outside that window, or off the barrier island, the 30-day floor applies to any dwelling or "segmented dwelling," meaning a room or section that is less than the entire unit. Owners who advertise a rental that does not comply, whether in print, electronically or online, separately violate § 335-44. Enforcement is split between the Bureau of Property Maintenance and the Police Department (§ 335-45). A. 40:49-5 and 40:69A-29, and each day a prohibited rental continues counts as its own separate violation (§ 335-46). A rental certificate of occupancy can also be revoked or suspended for renting in violation of this article, or automatically suspended after a third notice of violation while charges are pending (§§ 335-47, 335-49).

Violations & Fines

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).

Frequently Asked Questions

Can I rent my Toms River home for a weekend?
Only if it's on the barrier island between Barnegat Bay and the Atlantic Ocean, and only between April 1 and November 30, when the Township allows rentals as short as two days under § 335-40. Everywhere else in Toms River, and outside that season, the general 30-day minimum in § 335-39 applies to any dwelling or room.
What counts as the barrier island for this exception?
Township Code § 335-37 defines it as "the area of the Township juxtaposed geographically between the Barnegat Bay and the Atlantic Ocean." Only dwellings within that strip qualify for the two-day minimum stay exception; every other neighborhood in Toms River is held to the 30-day rule year-round.
What happens if a landlord advertises an illegal short-term rental?
Advertising a rental that fails to comply with the short-term rental article, in print, electronically or online, is its own separate violation under § 335-44, on top of any penalty for the illegal rental itself. Both the Bureau of Property Maintenance and Toms River police can enforce the article.

Sources & Official References

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