Toms River, NJ Short-Term Rentals: Host Presence Rule (2026)
Key Facts
- 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
- On-site parking
- 1 space required for tenant
Summary
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.
§ 335-41. Room rentals. A. The lease or rental of multiple rooms within a dwelling to a single tenant or separate tenants is prohibited. B. The lease or rental of a single room within a dwelling is permitted provided the following conditions are satisfied: (1) The dwelling has been inspected, issued a rental certificate of occupancy...(4) The dwelling has a minimum of two bedrooms. (5) The addition of the tenant does not result in a violation of occupancy limitations. (6) The owner maintains all required insurances...(7) The dwelling is owner-occupied year-round. (8) A minimum tenancy of one month, and a maximum of one tenant. (9) The tenant has unrestricted access to the dwelling's common areas and amenities...(10) Bedroom doors may have privacy locks, but not key locks. (11) There is sufficient space on the subject property to lawfully provide one on-premises parking space for the tenant's vehicle.
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
A flatly bars leasing multiple rooms within a dwelling to a single tenant or to separate tenants. Subsection B permits the rental of just one room, but only if every listed condition is met. A. 46:8-28 and § 287-32 of the Township Code (B(2)); the unit must comply with all applicable health, safety, construction, zoning and fire codes (B(3)); and it must have at least two bedrooms (B(4)), with the added tenant not pushing the unit over its occupancy limit (B(5)). The owner must carry sufficient insurance and furnish proof to the Township (B(6)).
" A room rental is also capped at one tenant on a minimum one-month tenancy (B(8)); the tenant must have unrestricted access to common areas and amenities such as kitchens, laundry, patios, pools and living areas (B(9)); bedroom doors may carry privacy locks but not key locks (B(10)); and the property must have room for one on-premises parking space for the tenant's vehicle (B(11)). A and the 30-day short-term rental ban in § 335-39.
Violations & Fines
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).
Frequently Asked Questions
Can I rent out a spare room in my Toms River house?
Do I have to live in the house to rent a room in Toms River?
Can I rent rooms to two separate tenants in Toms River?
Sources & Official References
Other rules in Toms River
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