Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law
I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.
1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order
2. Can tenants whose landlords have less than 10 properties also use this option
It says it only applies to security deposits governed by nj sa 46,8,19
A: The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.
The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts based on what he or she feels is right.
So, is the executive order constitutional? Do you think Landlords are happy with this move? Until Covid-19 is under control, we will probably continue to see things we have never seen before coming out of the government. And, when the courts start working again, a lot more lawsuits fighting them.
So at this point rent and evictions are a wild west of not being able to be enforced as there is an eviction moratorium in NJ and a Foreclosure Moratorium. Whatever comes out of Washington next may change the whole playing field.
Odds are we will have a new COVID relief bill by the end of July.
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