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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: single mother renting a home in NJ and I am the only one on my lease, what is the process to have my adult son removed?

He has been living with me since June 2022 but has an alchohol and crack cocaine addiction. He refuses to get help and refuses to leave when requested. He pays no rent and is not listed on my lease. He is no longer welcome in my home. Can I just change the locks and refuse him entry or am I... View More

Matthew Schutz
Matthew Schutz
answered on Mar 3, 2024

First let me say sorry to hear about the difficulties you're having with your son.

From what you say in your question, you could probably file for an ejectment to remove your son. He is over 18, doesn't pay rent to you, doesn't make any contribution to the household expenses....
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do renter still have possession of APT if they breached the lease by leaving a month early but paid the last months rent

I am a Landlord in NJ. My renter provided 3 months notice prior to terminating the lease and has left one month early. They payed me for the last month's rent and are currently already renting somewhere else . The keys have not been given back to me. Are the keys and the Apartment still... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, here are the answers to your questions:

1. Possession: Generally, if the tenant has paid rent for the entire lease term, they are entitled to possession of the apartment until the end of the lease, even if they have physically moved out. The keys are still...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am named in an eviction trial in New Jersey with my ex partner. Can I ask for seperate trial for myself?

I moved out in July 2023 all of the monies that is owed to the landlord from November 2023, to February 2024, months after I moved out

James L. Arrasmith
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answered on Mar 31, 2024

In New Jersey, if you are named as a defendant in an eviction case along with your ex-partner, you may be able to request a separate trial for yourself, especially if you believe that you are not responsible for the unpaid rent accrued after you moved out in July 2023.

Here are some steps...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is a verbal agreement on a lease for an increase in rent legal in new jersey

I have been renting a property for 19 years. Last March, the landlord wanted to raise the rent. We had a verbal agreement over speaker phone because the landlord lives in Puerto Rico and we live in Nj. The verbal lease agreement was for 3 years with an increase every year. We agreed and I sent the... View More

James L. Arrasmith
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answered on Mar 30, 2024

In New Jersey, the law generally requires residential lease agreements to be in writing if they are for a term longer than one year. This is due to the Statute of Frauds, a legal principle aiming to prevent misunderstandings and fraud. However, even verbal agreements can be legally binding if they... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: House not being registered for 14 years?

House not being registered for 14 years?

An eviction (started 6 months ago) was just dismissed, with forgiveness of past 6 months’ rent, due to the house illegally not being registered for 14 years.

Can the landlord be sued for past 14 years rent (over $100.000), for not telling... View More

T. Augustus Claus
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answered on Jan 30, 2024

In New Jersey, if a rental property is not properly registered, it can have significant legal implications for the landlord. In your case, where an eviction was dismissed and past rent forgiven due to the property's lack of registration for 14 years, you might be considering legal action... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My tenant had her son, who is a Plummer replace a bathroom faucet without notifying me first .

She deducted $350 off the rent

T. Augustus Claus
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answered on Jan 12, 2024

In New Jersey, tenants generally need to obtain the landlord's permission before making alterations to the rental property. If the tenant's son, who is a plumber, replaced a bathroom faucet without notifying you as the landlord, it may constitute an unauthorized alteration. Deducting $350... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does the tenant have to be served a warrant for removal prior to being locked out in New Jersey? Otherwise what happens?
T. Augustus Claus
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answered on Jan 4, 2024

In New Jersey, landlords are required to follow specific legal procedures before evicting a tenant. A tenant must be served with an eviction notice, which could be a Notice to Quit or a Notice to Cease, depending on the reason for eviction. If the tenant fails to comply or rectify the issue, the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can we charge a sibling rent, to live in a property that is shared by three members of the same family.

Our sister lives in the house and pays for no repairs or anything.

James L. Arrasmith
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answered on Dec 19, 2023

In a situation where a property is jointly owned by family members, it is possible to charge rent to a sibling living in the property. However, this decision must be agreed upon by all co-owners of the property.

The terms of such an arrangement, including the amount of rent and...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can my landlord raise my rent by $450?
Nashir Ahmed Kushol
Nashir Ahmed Kushol
answered on Nov 17, 2023

In New Jersey, the rules and regulations regarding rent increases are governed by state laws and local ordinances. Here are some general guidelines that apply to rent increases in New Jersey:

1. Notice Requirement: Landlords in New Jersey must provide tenants with adequate notice before...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord didn’t put my security deposit in a trust or interest bearing account. My lease is expiring this month.

I already paid my last month rent. Can I ask the landlord to return my deposit with 7% interest per annum ?

T. Augustus Claus
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answered on Oct 12, 2023

In New Jersey, landlords are generally required to place security deposits in an interest-bearing account or trust. The law typically mandates that the interest earned be either returned to the tenant annually or deducted from the rent, depending on the terms of the lease. If your landlord did not... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hi, Need help with writing addendum to the existing lease agreement.

There were two tenants on lease, one is leaving. Other one will continue, update the lease to only one tenant and how the security deposit will be handed.

Tim Akpinar
Tim Akpinar
answered on Nov 1, 2023

A L-T attorney could advise best, but your question remains open for four weeks. It could be difficult to review leases or other documents with the format here, which is basically short form Q & A. If you are still seeking assistance with this, you could supplement your own searches with the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the tenants abandoned property timeline in NJ?

in NJ, my tenant was issued a "warrant of removal" and now has 33 days to vacate the property or the tenants belongings would be considered abandoned. How many times within the 33 days do I have to let them have entry?

T. Augustus Claus
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answered on Oct 9, 2023

In New Jersey, if a tenant abandons property after vacating or eviction, landlords must give written notice describing the property and allow the tenant 33 days to claim it. During this time, the landlord should provide reasonable access for the tenant to retrieve their belongings. If the tenant... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this lease renewal ok?

My lease ends Sep 30, 2023. My landlord sent me an extension/renewal lease on Sep 1, which reflected a $50 monthly increase. I told him I was rejecting the increase due to insufficient notice.

He follows up with a new extension/renewal lease, which will renew my lease on 12/20/23 at the... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

Typically, the lease will continue month to month at the rental rate specified in the lease. Be aware that such rental rate may be different than the rental rate for the term of the lease. It is fairly common for a lease to provide that the rent will be 150% of the rent specified for the term of... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord walked into my apartment where I have been living for 15 years with a realtor and buyers. She never told me
Morris Leo Greb
Morris Leo Greb
answered on Sep 24, 2023

Every NJ lease whether oral or written is deemed to have a provision of quiet enjoyment. Except for emergency reasons such as leaking water or gas, no one can enter your apartment without your consent.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does pre existing roach problem allow us to get out of a lease ?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

It depends on the language of your lease and the extent of the roach problem. Many leases specifically provide that the tenant has inspected the premises before signing and accepts its condition as suitable. Other leases provide that the tenant shall inspect the premises upon moving in and shall... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My lease says i have to follow HOA rules but we were never given the rules. Should we have agreed to them at lease sign?
John Michael Frick
John Michael Frick
answered on Sep 13, 2023

No you should not have agreed to follow HOA rules without first receiving and reviewing them. When asked, I always caution clients to obtain and read extrinsic documents like HOA rules, T&Cs, addenda, etc. before signing any agreement incorporating those items because, once you sign it,... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If I rent room in private house with many rooms ( nj state) Can I put lock in my door?
Morris Leo Greb
Morris Leo Greb
answered on Sep 7, 2023

The first question is whether this is a legal unit.

Did the Landlord give occupancy permit which includes a smoke detector certification?

Is there a written lease? Did you pay a security deposit? Did the Landlord provide you with the name of the bank where the deposit is being held?...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord took $5,000 music equip. At day 30 of lockout while arrangements were made with him to pick it up the next day

Agrees to have me get belongings this past Saturday, coup,le days after the 30 day window but we made arrangements to do it Saturday. Upon arrival, $5,000 worth of music instruments were gone. Landlord admitted taking it and say he is keeping it and I’m not allowed back for everything else. He... View More

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

Speak to an attorney ASAP about filing an Order to Cause to prevent the landlord from disposing of the items he took as well as demanding the return of same.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is a landlord allowed to add in a lease that using text, email, and/or docusign is considered official notification?

If my landlord was making a small rule change and notified me via email, text and docusign and if I never saw it, could they issue me a cease notice and quit notice (also sent to me through email, text, and docusign)? Would that be able to be used in court as an official communication in my... View More

Morris Leo Greb
Morris Leo Greb
answered on Aug 21, 2023

The landlord's right to change terms in the lease can only be done if the lease provides that the landlord may make such changes and specifies the method of notice.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Am I able to break the lease with no penalties, if my landlord did not register the property as a rental
T. Augustus Claus
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answered on Aug 17, 2023

In New Jersey, landlords are required to register certain rental properties with the municipality. If your landlord has not properly registered the property as a rental, it could potentially have implications for the legality of the lease agreement. In some cases, if a landlord has not complied... View More

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