Lawyers, Answer Questions  & Get Points Log In
New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I was 9 days late in telling my landlord I was leaving and they"auto-renewed" me. Am I responsible for the rent?

I offered to pay an extra 9 days in rent to make up the 60-day notice period, but they have refused. I am leaving the apartment by June 30, 2022.

Morris Leo Greb
Morris Leo Greb
answered on May 19, 2023

The issue should be addressed by terms included in the lease. Do you ave a security deposit? Did the landlord give you any advance notice of either renewal or nonrenewal of the lease? Pay the nine days. The landlord cannot lock you out if it is a residential lease. He must file a complaint with the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord wants myself to vacate by next month, gave a text message notice last wk. What are my options?

My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was... View More

Matthew Schutz
Matthew Schutz
answered on May 10, 2023

The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can landlord cut off communication with tenant and say contact my attorney without anything in writing from attorney?

My landlord filed for eviction. I'm currently waiting for a court date. My heat stopped working. I texted him to tell him. He said contact his attorney and never to contact him again. He then said from here on out to only contact his attorney with any questions about anything. I haven't... View More

Matthew Schutz
Matthew Schutz
answered on Apr 21, 2023

I guess the first question is where you be evicted for? Is it nonpayment? If it is you can raise the habitability issue. To do that you need to have the money owed available to post with the clerk of court. You would raise that issue at trial. As far as lack of communication is concerned, do you... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As per N.J.S.A. 46:8-50, my landlord and his realtor never notified me I was moving into a FEMA AE flood zone with SPHA

I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did... View More

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2023

There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).

If yours is not an exception, you should reach out to a local...
View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I write a notice to cease for harassment to my landlord?

My landlord filed for eviction on February 13th, 2023. I was advised by the lawyer to just wait for my hearing. My landlord since filing has begun harassing my son and I. He tried to have the uhaul we were renting towed from the yard, he called uhaul and reported it stolen prior to calling the tow... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 22, 2023

Report the acts of the Landlord to your lawyer. If you are not represented, send a first class as well as a certified mail return receipt requested letters to the Landlord. Advise him that his actions are violating the quiet enjoyment provision in the lease. Include a statement that if he... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How to get a court order for landlord to allow pseg in the house to conduct an investigation to check my breaker box?

I live in a 2 family house. I'm paying for electricity in the common areas on the property. My landlord is aware of this. It is not stated in my lease I'm supposed to pay for common area electricity. I do not have access to basement, only the landlord and his mother do. His mother lives... View More

Matthew Schutz
Matthew Schutz
answered on Mar 15, 2023

I guess the first question is how long have you lived there? If what you're saying is true, and you been living there for a while, it may be worthwhile to sue your landlord for damages or overbilling you on the electricity. As part of the lawsuit your entitled to have discovery (find out from... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you don’t have a lease in NJ and you rent a basement apartment month to month can the landlord lock you out

I’ve already paid half this month I just can’t do the other half yet. All other months have been paid as well and he said yesterday if I don’t have the rest today he’s locking the door and I have to leave

Morris Leo Greb
Morris Leo Greb
answered on Mar 10, 2023

There is no self help allowed by the Courts of New Jersey. The landlord must follow the statutory requirements for eviction. Thus the landlord must file an action in Cort to evict you. You should check with the municipality to see if it is a legal dwelling unit. There must be a smoke detector... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for New Jersey on
Q: Can police ticket you if you park in someone's spot at an apartment building without their consent?

I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 4, 2023

Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Matthew Schutz
Matthew Schutz
answered on Feb 19, 2023

No. I would suggest the failure to provide heat this time of year to constructive eviction and is illegal in New Jersey. Since there is a prior order requiring him to provide heat, I would suggest your next step is to go back to court and get an order finding him in contempt and requesting an... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord install a lock box on the thermostat in my apartment if it’s not stated in the lease?

I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 19, 2023

The installation of the lockbox has created an even greater obligation on the landlord to maintain the appropriate heat and cooling levels. He now becomes completely responsible. Pursuant to the provision of quiet enjoyment how was the landlord able to enter your apartment? Did you give him... View More

View More Answers

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I am the sole executor of an estate and owner. Can I evict a beneficiary staying in the home illegally without council?

The house is located in a 55 and older co-op community in Ocean County NJ. My sister-in-law (who is a 50/50 beneficiary) had until August 10th 2021 as per the bylaws of the co-op to relocate. She has refused to pay anything or leave for 2 years. She is on probation facing new charges and is... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 15, 2023

The first issue is that you failed to indicate in which NJ county the property is located. The best solution would be to retain the services of a local attorney who has estate and landlord - tenant experience as there may be other choices in addition to ejectment such as a partition action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: what are the consequences for a landlord not filing rent registration in state or municipality?

Landlord has never filed a rent registration with the state or the city of Newark. I have been a tenant for 12+ years and have been on a month-to-month for 11+ of that time. I am now being asked to terminate my tenancy with no disclosed reasoning. Do I have any legal ground in regards to the... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 13, 2023

There is no self help in NJ. This means that in order to evict you, he must file suit in Court. If he failed to register, the Court will dismiss the case until he does register. Further if he failed to obtain a smoke detector certification and provide with a copy, he will be subject to severe... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted for not getting my apartment exterminated.
Morris Leo Greb
Morris Leo Greb
answered on Feb 4, 2023

This depends on the terms of your lease. Does it include a provision as to the responsible party. In any event, there is no self help in NJ. Eviction proceedings must adhere to the statutory requirements and a court hearing.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We just got the notice that we are being evicted and have to be out in 3 days. My wife is going through chemotherapy and

Radiation. We were going to ask the judge for more time.

Morris Leo Greb
Morris Leo Greb
answered on Jan 31, 2023

Your question fails to state whether the notice was a letter from the landlord or an ntice from the Court after a court earing was scheduled. If a letter from the landlord with no notice from the Court, you do not have to move, NJ Courts do not recognize self help. The Landlord must follow the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Looking for landlord tenant attorney who can represent me in chansery court in Essex County nj

I need help with lawsuit for money in chancery anybody can represent me. In Essex County NJ

I am getting surd by ex landlord becuase he could not sell house

Morris Leo Greb
Morris Leo Greb
answered on Jan 30, 2023

Chancery Court in NJ does not hear suit concerning money. It is a Court of Equity. Suits for damages are heard in Law Division. Depending on the amount in controversy, suits for money damages are in small claim, special civil part, or superior court.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I wrote my landlord in New Jersey regarding removal of cameras or escrow account.

I informed my landlord that if she doesn’t remove the cameras that her tenant friend, whom I have police reports on for harassment, installed in the hallway pointed at my doors I will open an escrow account and deposit rent on time until they are removed. Her response is that I need to show her... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

Open the escrow account, pay your tent timely, send copy of deposit receipt to landlord. There is no self help permitted in NJ for evictions by a landlord. Statutory proceeds must be followed. A court appearance would be required, You will have an opportunity to explain the situation to a judge.... View More

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Why would a landlord ask a tenant to complete W9 for an escrow account? Who collects the interest, pays taxes?

Escrow account for security deposit. Who collects the interest and who pays taxes on the interest?

Morris Leo Greb
Morris Leo Greb
answered on Jan 18, 2023

The bank where the escrow will be opened requires a W-9. No W-9, no account. NJ law requires that a tenant's security deposit be placed in an interest bearing account. The interest earned is split between the tenant and landlord.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.