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Toms River, NJ Short-Term Rentals: Primary-Residence-Only Rule (2026)

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

Key Facts

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

Summary

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.

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, including but not limited to kitchens, basements, garages, laundry facilities, patios/porches, pools, assigned closets, assigned bathrooms, and living and dining areas.

(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.

§ 335-42. Commercial rentals. The lease or rental of any dwelling for commercial or corporate purposes is prohibited.

§ 335-43. Rentals of amenities. The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling is prohibited.

§ 335-44. Advertisement. The print, electronic, or Internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this article or any other applicable provision of the Township Code is prohibited.

§ 335-45. Enforcement. [Amended 2-14-2024 by Ord. No. 4799-24] The Bureau of Property Maintenance and the Police Department are empowered to enforce this article.

§ 335-46. Violations and penalties.

A.

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

Article VI of the Toms River Township Code bans renting any dwelling, or part of one, for less than 30 days. Section 335-41 allows renting a single room to one tenant, but only if the dwelling 'is owner-occupied year-round,' among other conditions such as a one-month minimum tenancy and a two-bedroom minimum. Absentee landlords cannot use this exception; the property owner must actually live there full-time.

Violations & Fines

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.

Frequently Asked Questions

Does Toms River require hosts to live in the home they rent?
Yes, § 335-41B(7) requires the dwelling be owner-occupied year-round before a single room may be rented under the Article VI exception.
Can an absentee owner rent out a spare room short-term in Toms River?
No. § 335-41 requires the owner to occupy the dwelling year-round; renting a room without living there fails the exception and is a prohibited short-term rental.

Sources & Official References

Other rules in Toms River

All Toms River rules

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