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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Do I have to pay late fees to landlord if it’s not listed on the lease agreement as “additional rent” ?

My landlord is taking me to court for nonpayment of rent which I’m prepared to pay yet she is including $600 of late fees from some previous months. The paperwork for eviction says they must be listed in the lease agreement as “additional rent”, which it’s not. Just listed as “late fee”.

Derek John Soltis
Derek John Soltis answered on Mar 9, 2020

If you cannot make an arrangement with your landlord prior to the court date, make sure to point that out to the mediator and judge.

You should be able to avoid paying it as it is not listed as additional rent. Make sure to check all paragraphs on your lease.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does a landlord have to give a notice to cease if he/she claims that tenant is habitually late with rent?
Derek John Soltis
Derek John Soltis answered on Mar 7, 2020

Yes. They are supposed to. About the only thing that doesn't need notice is non payment of rent.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I have an illegal basement that I cannot get C/O or convert into two-family homes although it's completely finished.

If I rent it to someone and down the road he/she will stop paying rent as agreed upon. Can I sue the tenant in a court of law? A friend of mine told me that the court is prohibited from helping me since it will appear as if the court is aiding me to continue to break the law since I am not allowed... Read more »

Derek John Soltis
Derek John Soltis answered on Mar 5, 2020

If you rent an illegal apartment, the tenant can get 6 months of rent from you. So, if you can move to evict and you could end up paying them 6-months rent.

We have had clients rent legal apartments to people, who then sublet an illegal apartment to someone else, and had to defend the...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: rights of survivor -ship deed, and tenant rights after one owner dies

if a home is owned in a rights of survivor ship fashion by parent and 1 child,then parent dies, leaving the property to survivor on deed:

does the surviving owner have to abide by a tenant/ landlord verbal agreement made by the parent owner that died? can the surviving owner force the... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 23, 2020

Both the inheriting person and the tenant have rights. If the apartment is not being rented at market rent, there is good possibility you be able to evict your sibling. If you are planning to occupy the space, you have additional rights.

Some agreements may not be enforceable. You really...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: can you be evicted from a apartment via text message
Derek John Soltis
Derek John Soltis answered on Feb 18, 2020

No, to he truly evicted requires more than a text message. To be evicted once you have established residency, requires a court order after a hearing and the sheriff locking you out of the property.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My daughter was staying with me and got into an argument with my boyfriend

My daughter had been staying with me and and hot into an argument with my boyfriend she called the police. She left, but after a few months she has had to come back. My boyfriend and landlord has said she's not welcome her and cannot come back since she called the police. Can he do 6

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

If you have a written lease, it can control how many people can live within the unit. If there is no written lease, it is possible that the landlord cannot seek to restrict your daughter. I cannot speak to whether your boyfriend can restrict this as it would not be typical for him to have any... Read more »

1 Answer | Asked in Consumer Law, Contracts, Landlord - Tenant and Small Claims for New Jersey on
Q: Storage facility changed lock - unit fully paid - Preventing access to contents.

New Jersey - Storage unit leased to an llc,

    Owner deceased, estate admin and employees of the deceased's llc have been ensuring unit is paid monthly while sorting contents.

-Nov 17 unit lock changed discovered

-Nov 21 Facility management contacted and offered "unit... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 27, 2019

I don't know of any lawyer that would take a case like this on a contingency basis

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: I was falsely accused of slapping someone that’s number 1 what do I do

This same person paid rent then decided to leave without notice and wants rent money back

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

You need to hire a lawyer to defend that charge otherwise you risk jail, probation and fines.

1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: After paying his rent we had an argument and I was falselyaccused of slapping him left wants rent back
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2019

Unfortunately I don't see a question here.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my landlord deduct unreasonable security deposit?

Hi, I rented a small townhouse for an year and paid one and half month security deposit.

- Landlord did not provide any details on where the security is deposited.

- After my lease end did not refund the deposit or provide a list of damages within 30 days

- On 31st day sent... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 27, 2019

Yes you can take your landlord to court for his lack of returning a security deposit. If you can contesting the fact of damages to your apartment, that is something for a judge to decide. The standard for damages in an apartment is "damages beyond reasonable wear and tear". It sounds as if your... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does my roommate owe me for utilities during time apartment rented even though she was hardly ever there?

My roommate doesn't want to pay utilities she owes me for June and July. I am on the lease (she is not) however we had an agreement (via text and oral) that we would keep the apartment for another year until the end of August. We also agreed to split utilities 3 ways (me, her and another roommate).... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

If you have proof of your agreement with respect to the utilities, you can take your roommate to court for the amount that she owes. If the amount if insignificant, then it is up to you to conduct a cost-benefit analysis on whether it is worth it for you to hire and attorney and pay the court fees... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If I pay back the money owed to my landlord does it void the cease letter

My landlord gave us a cease letter approximately three weeks ago we paid him some money to bring down our debt and now he’s trying to say that because they gave us the cease letter he can evict us whenever he wants is this true

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

That is not true. Your landlord cannot evict you without first bringing you to court on a summons and complaint for non-payment of rent. At the day of court which is the trial date, your back due rent amount is due.If you are unable to pay the whole amount, your landlord has the option of entering... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My tenant that hasn't paid the rent for the last month of his lease. What type of notice do I send him?

I have already sent him a Notice to Cease 2/12/19 & a Notice of Non-Renewal on 8/16/19. I am concerned that if i send him a 30 Day Notice to Quit the whole process will take an additional month and a half to remove him from the property.

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

Has your tenant moved out of the property?

For a non-payment of rent issue, you do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. If your...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long do I have to wait as the landlord to file eviction papers when they stop paying rent in NJ?
Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

You do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. My firm offers a free in office consultation for your case. Feel free to contact me at anytime!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Tenant refused me to get in for inspecting the apartment. He reported to Housing dept without reaching out to me first.

There are 4 items and all minors according to Housing. But, she refused my multiple requests, and demanding that I have to have a licensed plumber first in order to get in. I told her that I need to understand and assess the damages first, also based on Lease, I have the right to get in for the... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

My recommendation is sending a demand letter to enter into the house at a proposed time. But since you are dealing with a time crunch, you may have to send your tenant the appropriate notice and then file a summons and complaint in court. This way we can appear in front of a judge and have a... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What can I do about my landlord filing an eviction as retaliation

I've been with my current landlord since Jan 19, in April I discovered a bedbug, my apartment was above a filthy store. I was moved into another one of his multi dwelling units due to the situation, after needing to throw away all of my belongings. After moving into new unit my 7 year olds foot... Read more »

Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

It sounds that you have habitability issues with your apartment. Habitability issues are protected under NJ law. The day of court for your eviction matter, you or your attorney can explain the conditions of the apartment. If there is any back due rent, you will have to deposit that rent with the... Read more »

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