Frequently Asked Question About Landlord / Tenant Issues

Landlord-tenant law in New Jersey encompasses the regulations and statutes governing the relationship between property owners and their renters. These laws define the rights, responsibilities, and protections of both landlords and tenants and address various issues that can arise in a rental agreement. This includes issues such as rent, security deposits, repairs, and evictions.

In New Jersey, tenants are granted several important rights under state and federal law. Here are some of the basic rights include a Right to a Habitable Home, Right to Fair Housing, Right to Privacy, Right to Receive Security Deposit Back, Right to Withhold Rent, Right to Freedom from Retaliation, and a Right to Legal Notice Before Eviction.

Landlords in New Jersey also have rights protected by state laws. Here are some of the basic rights: Right to Collect Rent, Right to Collect Security Deposit, Right to Evict for Cause, Right to Enter the Property:, Right to Reclaim Property After Lease Termination, Right to Enforce Lease Terms, and Right to Non-Discrimination.

No, a landlord cannot evict a tenant without a court order in New Jersey. This practice is known as “self-help” eviction and is illegal in the state. The eviction process in New Jersey involves several legally mandated steps that must be followed.

A security deposit is a sum of money paid by a tenant to a landlord at the start of a lease. The purpose of a security deposit is to protect the landlord against potential costs, such as damage to the property caused by the tenant beyond normal wear and tear, unpaid rent, or other breaches of the lease agreement.

In New Jersey, a landlord can charge up to 1.5 times the monthly rent for a security deposit for the first year of renting. For any subsequent annual renewal, a landlord can charge up to 10% of the current security deposit as an additional security deposit.

In New Jersey, the process for returning a security deposit is governed by specific laws. Landlords must return the security deposit within 30 days after the tenant has moved out. They make deductions from the security deposit for unpaid rent, damage beyond normal wear and tear, or other lease violations. They cannot deduct for routine maintenance or repairs that are the landlord’s responsibility.

If a landlord makes any deductions from the security deposit, they must provide the tenant with an itemized list of the damages and costs incurred. This list must be delivered along with the remaining amount of the security deposit.

In New Jersey, landlords are required to put the security deposit in a money market fund, federally insured savings account, or a similar account that earns interest. The landlord must either pay the tenant the annual interest or deduct it from rent, depending on the agreement made. If the property is sold, the landlord must transfer all security deposits, plus any accumulated interest, to the new owner. Both the old and new landlords must inform the tenant of the sale and the new owner’s name and address.

In New Jersey, a landlord generally cannot increase the rent during the term of a lease unless the lease agreement specifically allows for it. Most leases specify the amount of rent to be paid and the duration (for example, a year), and during that time, the rent should remain the same.

Once the lease term is up, the landlord can propose a rent increase if the tenant decides to renew. If the tenancy is month-to-month, the landlord must typically provide a month’s notice before increasing the rent.

There are additional protections in New Jersey for tenants living in rent-controlled or rent-stabilized units. In those cases, there are specific laws that limit how much a landlord can increase rent.

If a landlord in New Jersey fails to make necessary repairs that affect a tenant’s health and safety or the habitability of the rental unit, the tenant has several options under New Jersey law. First, they can report the issue to the local health or building inspector, who may inspect the property and if warranted, issue a violation notice to the landlord.

If the landlord does not make the necessary repairs, the tenant can choose to have the repairs done and then deduct the cost from the rent. This option should be used with caution, as the tenant must be able to prove that the landlord was notified of the issue, failed to act, and that the tenant’s actions were reasonable under the circumstances.

In some cases, a tenant may argue that the value of the rental unit is reduced due to the unmade repairs. They can take the landlord to court and if successful, the judge may grant a reduced rental rate until the necessary repairs are made.

If the property is uninhabitable and the landlord fails to address it, the tenant may claim constructive eviction, leave the property, and end the lease without penalty. This is a drastic measure and should only be done after seeking legal advice.

If the landlord’s failure to make repairs violates the lease agreement or New Jersey’s implied warranty of habitability, the tenant may sue the landlord for damages.

A tenant can break a lease early in New Jersey, but there may be consequences depending on the circumstances. Some leases contain an early termination clause that outlines the conditions under which the lease can be broken early and any associated penalties (such as paying a certain number of months’ rent or forfeiting the security deposit).

Under the federal Servicemembers Civil Relief Act (SCRA), tenants entering active military service have the right to break a lease with notice.

If the landlord fails to maintain the rental property in a habitable condition, a tenant may be able to break the lease without penalty, due to a violation of the implied warranty of habitability.

Under New Jersey law, victims of domestic violence have the right to terminate a lease early, provided certain conditions are met.

If a landlord repeatedly violates a tenant’s right to quiet enjoyment of the property, it may be grounds for the tenant to break the lease.

The “warranty of habitability” is a legal doctrine in New Jersey, as well as many other states, that requires landlords to maintain their rental properties in a condition fit for human habitation. Essentially, it’s an implicit promise made by the landlord that the rental unit will be safe, clean, and suitable for living.

Yes, in New Jersey, as in many other states, landlords can require tenants to have renter’s insurance as part of the lease agreement. This provision must be stated clearly in the lease, so prospective tenants are aware of it before signing.

Renter’s insurance protects tenants against damage to or loss of personal property due to theft, fire, or other perils. It can also provide liability coverage if someone is injured on the premises and decides to sue the tenant.

A lease agreement in New Jersey is a legally binding contract between a landlord (the person or entity renting out the property) and a tenant (the person or entity renting the property). The lease agreement outlines the rights and responsibilities of both parties during the rental period.

The eviction process in New Jersey involves several steps and must adhere to the regulations set forth by state law. It’s essential to understand that a landlord cannot forcibly remove a tenant without going through this legal process; doing so can result in penalties.

Before a landlord can file an eviction lawsuit, they must first provide the tenant with a notice to quit. This notice must state the reason for eviction (e.g., non-payment of rent, lease violation, damage to property, etc.) and, depending on the reason, may offer the tenant a chance to correct the issue (like paying unpaid rent).

If the tenant does not leave the property voluntarily and the issue isn’t resolved, the landlord can then file a complaint for eviction, also known as a “summary dispossess” action, with the New Jersey Superior Court, Special Civil Part. After the eviction lawsuit is filed, the court will schedule a hearing. Both the landlord and the tenant will have the opportunity to present their cases. The tenant will be served with a summons that includes the date and time of the hearing.

If the judge rules in favor of the landlord, a judgement for possession will be issued, which is a court order that gives the landlord the right to regain possession of the property. If the tenant does not move out after the judgement for possession, the landlord can apply for a Warrant of Removal. This is the final step in the eviction process and involves a court officer physically removing the tenant and their belongings from the property.