Lawyers, Answer Questions  & Get Points Log In
New Jersey Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Rent increase question

Been living in williamstown nj for 3 years renting an apartment. Haven't had any rent increases during that time. I'm also on a month to month lease. Currently paying 1575. Landlord has sold the place to another investor who want to increase my rent to 1800. To me that seems to be... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My doorman/management has misplaced my spare key. I don’t feel safe. Can I force my landlord to replace the locks?

am a tenant in Jersey city. My apartments spare key is kept with the doorman. I got locked out today and requested the spare key. The doorman showed me that the key was missing from the spare key cabinet. The super let me in but I believe the landlord may have taken the key. I don’t feel safe... Read more »

Matthew Schutz
Matthew Schutz
answered on Sep 11, 2022

It is a violation both of civil law and criminal law in New Jersey to lock you out of your apartment. What I would suggest you do is to change the locks on the door and leave a copy of the key with the doorman, get a signed receipt. In that way the landlord can't accuse you of changing the... Read more »

0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Tenants are trying to get out of paying last months rent

I’m located in Essex County, NJ and I have tenants that are saying they will be out by the end of the month but have not provided a move out date yet. They are trying to get out of paying last months rent. They stated to use security deposit as last months rent payment, but the apartment has... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: If I buy a 4 units multi family in union city (currently under rent control) and I occupy one unit,will it 'decontrol' ?

Assuming the sale happened with tenants, would I be able to offer a new lease at market rate to my tenants once their current lease expires ?

0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can a tenant in a 6-unit rent-controlled building that has been living month-to-month for over 24 years be evicted?

After my initial 1-year lease lapsed (circa 1988), I've lived in my apartment without a lease. I'm located in Hoboken, NJ.

Our building has changed owners a couple of times in that time. I've been offered 1-year leases in the past but always replied I will pay the new rent... Read more »

0 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Is a landlord allowed in the state of nj require a new security deposit if you’re moving within the same building?

This landlord is asking for a new deposit instead of me paying the difference that they already have only bc I’m not moving to a different floor. It should be a regular transfer and i pay the difference not an entire new one correct ? I need to know since they have been very unprofessional

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord locked me inside my apartment.

I was sublease from my brother but he wasn’t using my rent to pay the landlord and I had no idea now we’re being evicted, but I’m locked inside.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 25, 2022

The Landlord has no authority to lock you in or out of your apartment. Should there be unpaid rent, the ony thing the landlord can legally do is to apply to the court for a warrant of eviction. Should the landlord do anything else, he will be subject to a suit for damages.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i paid my deposit beginning of march and it wasn’t deposited til july. what can i do to go about that?

the mail from the bank said thank you for opening a checking account and didn’t provide any further info. his email said the states qualified interest rate, our amount paid, the lotion and the date but nothing further. i was told it should’ve been 30 days in a interest bearing-don’t think it is

Matthew Schutz
Matthew Schutz
answered on Aug 24, 2022

The landlord does have 30 days to deposit your security deposit into a separate interest-bearing account. If you want to check on when he deposited the money, you are telling me that you got notice that there is a checking account in your name and they sent you checks. I'd call the bank. Tell... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I properly make sure my tenant moved out day of eviction ?

Hello, after the court proceedings with my tenant, I received a eviction date 8/24

The sheriff contacted me and stated that he will do the lockout the day after if they still haven’t left.

My question is how do I clairfy they left house ? Is there a forum they have to sign ?... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 17, 2022

No form is required although if they willingly give you one accept it. Ask for the keys. Change the locks immediately. Remember to notify the tenants of the disposition of the security deposit within the time required by statute.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi, my evicted tenant left a lot of stuff behind. Can I it all throw out ? What’s the process on removal ? Thanks
Matthew Schutz
Matthew Schutz
answered on Aug 17, 2022

You need to send a letter to the tenant at his last known address to the tenant at his last known address informing him that he has 30 days to get his property. If you do not know the address that the tenant moved to after you evicted him (which is typical), you may use the address that you evicted... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I did not give my landlord proper notice when I left.

My former lease says that I am required to give 2 months notice when I leave. I only gave him a week and a half. He now wants me to be responsible for paying rent on August and September. At the same time he has in the lease that if I stay past the lease he wants me to pay for holdover rent.... Read more »

Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The circumstances described in this email are disturbing to me. Your base rent is $1500.00 but you mentioned that you posted $3600 in security. Under New Jersey law your security is limited to one and a half months rent or $2550 in your case. How did your landlord say that the month-to-month rent... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the new owner of the house evict me, despite having a written agreement with the previous owner?

I and the previous owner of the house have a written agreement that we can still rent and stay in one of their rooms in the house until next year February 2023. But the previous owner sold the house this month. Will the new owner, honor the written agreement I had with the previous one?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 11, 2022

No! Unless the written lease specifically provides the right to terminate lease upon sale and you signed that lease, the new owner must continue your tenancy until the termination date stated in the original as to all the terms contained therein.

2 Answers | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: how to protect the elder landlady from the son's general power of attorney abuse?

My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 5, 2022

There is no easy answer to an outsider stepping in the help a perceived problem. If you believe that there is physical or mental abuse, I would suggest is that you contact the local police for a wellness check.

View More Answers

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my uncle evict my nephew without a lease even if the apartment was never supposed to be an apartment legally

So my uncle been trying to take him out his house for a while, well the basement for probably more than a year he doesn’t have a lease for him so I know he stays there with tenant at will like a month-to-month basis but now my uncle is trying to sell the house and since it’s not a livable... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 27, 2022

Assuming that your uncle has never taken rental payments from his nephew, he can file an ejectment action in the Special Civil Part. This is different than an eviction action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you rent and the house goes up for sale can the give you 30 days to be out even if your lease wasn’t over
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 24, 2022

A tenant has the right of quiet enjoyment until the lease term ends according to its terms. Anybody who purchases the property yakes title subject to the terms of the existing lease.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I find help if I think I was illegally evicted in NJ.
Matthew Schutz
Matthew Schutz
answered on Jul 24, 2022

Generally speaking the only way you can be evicted in New Jersey is by a court officer after an eviction hearing. Self help evictions (i.e. the landlord locking you out) are illegal. It is both the civil and criminal violation. If you need help getting back into your unit, you can either talk to an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How often can a landlord come into your house to inspect the apartment ? East Orange, NJ
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 20, 2022

In NJ, every lease whether oral or written is deemed by the Courts to include a provision for quiet enjoyment. This means, among other things, that nobody can enter your apartment without your consent. The only time a Landlord can enter without previous consent is if there is an emergency such as... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much time does a Landlord have to tell tenants the inspection ppl are coming in your apartment? East Orange, NJ
Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Depends on your lease. Generally speaking the landlord needs to provide you "reasonable notice" of any inspection, except in emergencies. Reasonable notice is defined as 24 hours. Usually the landlord has more than a week's notice of assorted governmental inspections.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord of a two unit dwelling, one of which I occupy. The house was built in 1986.

Do I need to file a Landlord Registration Certificate?

Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Yes and no. There is a requirement that you filed a landlord-tenant registration statement. In your case it filed at the municipal level. While there is no penalty for not filing, the court, should it come to eviction, will not have jurisdiction over the matter and will dismiss your eviction... Read more »

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.