Plainfield, NJ asked in Landlord - Tenant for New Jersey

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 not know, can I ask him to reimburse me the $750 deductible for my car? This area is a know AE FEMA flood zone, flood plane and considered a Special Flood Hazard Area. I moved here in 2009, it was never on any lease. Both landlord and his realtor know the area well and have lived in the town.

Related Topics:
1 Lawyer Answer
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Licensed in New Jersey

A: 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 attorney for a consultation. Start your search here:


Universal Citation: NJ Rev Stat § 46:8-50 (2015)

46:8-50. Notification to tenants if property is in flood zone

1.Every landlord shall notify each of the landlord's tenants upon the event that the rental property which is the subject of a lease has been determined to be located in a flood zone or area. Each new tenant shall be notified prior to the time that occupancy of the rental unit is assumed. For the purposes of this section, "landlord" means any person who rents or leases, for a term of at least one month, commercial space or residential dwelling units other than dwelling units in a premises containing not more than two such units, or in an owner-occupied premises of not more than three dwelling units, or in hotels, motels, or other guest houses serving transient or seasonal guests.

1 user found this answer helpful

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.