Common Landlord & Tenant Issues FAQs

Some of the most common landlord/tenant issues that can arise in New Jersey typically involve security deposits, rent increases, repairs and maintenance issues, lease violations, evictions, and discrimination.

In New Jersey, landlords have several legal responsibilities to their tenants. The key responsibilities include providing a safe and habitable dwelling, making necessary repairs such as fixing leaks, addressing mold & mildew issues etc., provide working utilities, give proper notice before entering the property, comply with state and local housing codes, maintain common areas, and return security deposits to tenants within 30 days after the tenant has moved out, unless the landlord has a valid reason to withhold all or part of the deposit.

In New Jersey, tenants have several legal responsibilities to their landlords. Here are some of the key responsibilities include paying rent on time and in full, keeping the property clean and undamaged, disposing of trash and other waste, using the property for its intended purpose, giving proper notice before moving out, complying with state and local housing codes, and reporting any necessary repairs or maintenance issues as soon as possible.

In New Jersey, landlords are generally required to provide reasonable notice to tenants before entering a rental property, except in emergency situations. The notice should state the reason for entry and the date and time of the entry. In general, a landlord cannot enter a rental property without the tenant’s permission unless there is an emergency such as a fire or flood, tenant abandonment, court order, and imminent danger or harm.

In New Jersey, a security deposit is a payment made by a tenant to a landlord at the start of a lease term, intended to cover any damages caused by the tenant during their tenancy. The maximum amount a landlord can charge for a security deposit in New Jersey depends on the type of rental property. For most properties, such as apartments or houses, the maximum-security deposit that a landlord can charge is the equivalent of one and a half month’s rent. However, for tenants who are over 62 years old, or who have a service animal, the maximum-security deposit that can be charged is the equivalent of one month’s rent.

In New Jersey, a landlord must return a tenant’s security deposit within 30 days after the tenant moves out of the rental unit. The landlord may use the security deposit to cover unpaid rent or to repair any damage beyond normal wear and tear caused by the tenant or the tenant’s guests.

In New Jersey, the eviction process is governed by the New Jersey Anti-Eviction Act (N.J.S.A. 2A:18-61.1 et seq.). The eviction process usually starts with serving a Notice to Quit which means the tenant has to leave the property typically within 30 days. If the tenant fails to leave the premises after receipt of the Notice to Quit, the landlord may file a complaint with the court to begin the eviction process. The court will issue a summons and complaint, which must be served on the tenant by a process server or the county sheriff’s office. The summons and complaint will include a date for a hearing before a judge.

At the hearing, the landlord and tenant will present their cases before a judge. The judge will determine whether the eviction is warranted and may issue a judgment of possession, which allows the landlord to take possession of the property. If the tenant does not leave the property after the judgment of possession is issued, the landlord may obtain a Warrant of Removal from the court. The Warrant of Removal is served by the county sheriff’s office and provides the landlord with legal authority to remove the tenant and their belongings from the property.

A Notice to Quit is a formal written notice given by a landlord to a tenant in New Jersey informing them that they must vacate the rental property by a certain date or face eviction. In essence, it is the first step in the legal process of evicting a tenant. In New Jersey, the Notice to Quit must be in writing and must specify the reason for the eviction. The most common reasons for a Notice to Quit include non-payment of rent, violation of the lease agreement, and expiration of the lease term.

In New Jersey, it is generally not legal for a landlord to refuse to rent to a tenant solely on the basis of their criminal record. This is because New Jersey has a “Ban the Box” law that prohibits employers and housing providers from asking about a job applicant or tenant’s criminal history on an initial application.

Under New Jersey law, a landlord may only consider a tenant’s criminal record after the initial application process, and only if the landlord can demonstrate that the criminal record is directly related to the tenant’s ability to fulfill their obligations as a tenant, or if the criminal record poses a threat to the safety or welfare of other tenants.

If a landlord does deny a tenant based on their criminal record, the landlord must provide the tenant with a written explanation of the reasons for the denial. The tenant then has the right to request a copy of their criminal record and to challenge any inaccuracies or errors in the record.

In New Jersey, a landlord generally cannot change the terms of a lease agreement once it has been signed by both parties, unless both the landlord and the tenant agree to the changes in writing.

If a landlord wishes to change the terms of a lease agreement, they must provide the tenant with written notice of the proposed changes and allow the tenant a reasonable amount of time to review and agree to the changes. If the tenant does not agree to the changes, the lease agreement remains in effect according to its original terms until the end of the lease term.

Renewing a lease in New Jersey typically involves the landlord providing the tenant with a written notice of renewal prior to the end of the current lease term, the tenant should review the proposed terms of the new lease carefully to ensure that they are acceptable. If the tenant has any questions or concerns about the new lease, they should contact the landlord to discuss them. If the tenant and landlord are unable to agree on the terms of the new lease, they may negotiate to reach a compromise. It’s important for both parties to be clear about their expectations and to communicate openly throughout the negotiation process. Once both the tenant and the landlord have agreed to the terms of the new lease, they will sign the new lease agreement. The new lease will become effective on the date specified in the agreement.

In New Jersey, a tenant may be allowed to withhold rent or make repairs themselves and deduct the cost from their rent if the landlord has failed to make necessary repairs that affect the habitability of the rental unit. This is known as the “repair and deduct” remedy.

In New Jersey, a landlord is generally allowed to charge late fees if the tenant fails to pay rent on time. However, there are certain restrictions and requirements that landlords must follow when charging late fees.

Under New Jersey law, a landlord may only charge a late fee if the lease agreement specifically allows for it, and the fee must be reasonable and not excessive. The late fee must also be disclosed in writing to the tenant before they sign the lease agreement.

Additionally, New Jersey law limits the amount of late fees that a landlord can charge. Late fees may not exceed 5% of the monthly rent or $50 (whichever is greater), and landlords may not charge late fees until the rent is at least 5 days past due.

In New Jersey, a tenant is generally allowed to sublet their rental property, but only if the lease agreement specifically allows for it, or if the landlord agrees to the sublet in writing. If the lease agreement allows for subletting, the tenant must still obtain written consent from the landlord before subletting the rental property. The sublet agreement should specify the terms of the sublet, such as the duration of the sublet, the amount of rent to be paid, and any other conditions or restrictions.

The process for ending a lease agreement in NJ typically involves reviewing the lease agreement, providing notice to the landlord, completing the move-out inspection, returning the keys and vacating the property, and receiving the security deposit refund.