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New Jersey Landlord - Tenant Questions & Answers
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: 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 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: 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 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: 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

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: being asked to vacate the house I rented for 6 y by the estate admin after the owner passed, what are my rights?

I currently face a situation where the administrator of the estate, without providing a reason, has communicated their desire for my eviction through a text message. No official letter has been received to substantiate this request.

Having resided in the property for over six years, my... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 11, 2023

Firstly, file a caveat with the Surrogate of the County where the decedent lived. Also file a caveat with the Superior Court.

Secondly, was the lease oral or written? Your rights may be protected by the terms of a written lease. If oral, what proofs do you have to support the offer of sale...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: In NJ if a tenant was not properly served for eviction but the court served them by posting the notice. The tenant

didnt show up and the landlord was granted Judgment for possession and warrant for removal.

T. Augustus Claus
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answered on Jul 7, 2023

Proper service of eviction notices is generally required for the legal process to proceed. If the tenant was not properly served, such as through personal service or certified mail, they may have grounds to challenge the eviction proceedings.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I am trying to rent a condo. The landlord is asking me to send them a security deposit before tour or signing anything.

I have answered some basic questions such as where I work and move in date. They said they would like to rent to me but want a security deposit before mailing me everything including the paperwork and the keys. I dont want to be scammed, it just seems odd to ask for payment via zelle before these... View More

Matthew Schutz
Matthew Schutz
answered on Jun 5, 2023

Frankly I would question the requirement. Generally speaking you don't give a security deposit, until after you sign on the dotted line. I would not deal with this fellow.

If you choose to deal with them, then if there is a real estate agent involved, have him ask for the money and if...
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1 Answer | Asked in Real Estate Law, Collections and Landlord - Tenant for New Jersey on
Q: My wife and I want to purchase a home but won't be able to afford it unless we stop paying rent and pay down debt

My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.

Leonard R. Boyer
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answered on Jun 2, 2023

Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More

Matthew Schutz
Matthew Schutz
answered on May 25, 2023

Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I was 9 days late in telling my landlord I was leaving and they"auto-renewed" me. Am I responsible for the rent?

I offered to pay an extra 9 days in rent to make up the 60-day notice period, but they have refused. I am leaving the apartment by June 30, 2022.

Morris Leo Greb
Morris Leo Greb
answered on May 19, 2023

The issue should be addressed by terms included in the lease. Do you ave a security deposit? Did the landlord give you any advance notice of either renewal or nonrenewal of the lease? Pay the nine days. The landlord cannot lock you out if it is a residential lease. He must file a complaint with the... View More

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord wants myself to vacate by next month, gave a text message notice last wk. What are my options?

My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was... View More

Matthew Schutz
Matthew Schutz
answered on May 10, 2023

The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for New Jersey on
Q: Can a maintenance technician unlock an apartment door for police and then change tenant lock without a request/notice

The Grande at Metropark in Iselin did this to my apt

Morris Leo Greb
Morris Leo Greb
answered on May 2, 2023

No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can... View More

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