Hackettstown, NJ asked in Real Estate Law and Landlord - Tenant for New Jersey

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

1 Lawyer Answer
Derek John Soltis
Derek John Soltis
  • Landlord Tenant Lawyer
  • Jersey City, NJ

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.

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.