Lawyers, Answer Questions  & Get Points Log In
New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is this rent increase of 7.8% legal according to NJ Law? To whom do I address first to stop it before 5/1/21 deadline

My lease ends 6/30/21. I just received my renewal form from my complex with a $58 increase. I've been here 6 years rent has never been late, and never had complaints on me. The increase has always been 20/year until 2020 when they felt in the middle of Covid it was ok to raise it to 35/year... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 24, 2021

The answer depends upon whether or not the municipality in which you reside has some sort of rent stabilization or rent control ordinanc. I suggest you call legal aid in the county where you reside to discuss the issues.,

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I'm high risk and my landlord refuses to show a video and texts weekly to ask to show the apartment. I need my safety.

I pay my rent faithfully but he keeps asking to show it at my convenience but at what cost do I have to keep putting my family at risk.

Morris Leo Greb
Morris Leo Greb answered on Mar 13, 2021

In NJ, every lease, whether oral or written, provides quiet enjoyment for the tenant. This means that, except in cases of emergency, no one is allowed in without your permission. The exception to this rule is if the lease provides that he has the right to show the apartment but such right is... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hi I am in NJ and am looking to purchase a 2family. There is currently a non paying tenant. If I have in my contract

that house has to be delivered vacant would I be successful since the laws are different because of Covid?

Thank You

Morris Leo Greb
Morris Leo Greb answered on Mar 11, 2021

This is a complex issue beyond the scope of a response on Justia. Speak to the attorney whois representing you in this transaction rather than rely on free advise.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: As a paying tenant in NJ, do I have to allow strangers in my home for showings of my apartment during the pandemic?

To add - I am currently on a month-to-month lease while actively searching for a new home to purchase (first time). I have been "reasonable" with my landlord in showing the unit, but I feel that they are intruding more than is absolutely essential. What are my rights in this situation?

Morris Leo Greb
Morris Leo Greb answered on Mar 11, 2021

All leases in NJ whether written or oral, are deemed to have included the right of the tenant to quiet enjoyment. This means, among other things, that no one has a right to enter your premises without your permission. The exception to this is the right of the landlord to enter in case of an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I evict someone from apt. For cocaine use despite covid ban in NJ? He is roommate, refuses to leave.

refuses to leave or pay rent. Has used cocaine about three times in past 10 days.

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

You are entitled to quiet enjoyment of the premises. The use of marijuana in the premises is a violation of your lease. The landlord needs to take action to ensure that you have quiet enjoyment of your premises. Pursuant to the memorandum of the Administrative Office of the Courts in July, 2020,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Landlord gave us a letter on March 1st stating he's doing a 30-Day quick deed sale on the house we are renting

We have a month-to-month rental agreement and have been looking around, but there are no apartments or homes available within 15 miles for a rental. We have 2 teens in High School + a Special Needs child in Elementary.

We literally have nowhere to go without leaving the area and causing... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

Presently, there is a stay of evictions signed by Governor Murphy under Executive Order 106 on March 19, 2020 as a result of the pandemic. The stay of evictions was recently extended by Governor Murphy and also by the federal government under the Biden administration. The CDC guidelines reference... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What is the notice of entry in a 2 unit apartment in new jersey

Can my landlord's property manager enter my apartment using the landlord's key without my permission for refinancing and routine maintenance check. She sent me an email 24hrs prior telling me she will be doing maintenance btw 2pm and 4pm , and that she has every right to use the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 4, 2021

Previously just answered.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Hello, Can my landlord's property manager enter my apartment using the landlord's key without my permission

Can my landlord's property manager enter my apartment using the landlord's key without my permission for refinancing and routine maintenance check. She sent me an email 24hrs prior telling me she will be doing maintenance btw 2pm and 4pm , and that she has every right to use the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 4, 2021

You, as a tenant, are entitled to quiet enjoyment. No one can enter your lease premises without your permission except in two very narrow situations. These two are immediate entry is required because of some emergency that requires immediate attention or pursuant to a Court ordered warrant.

1 Answer | Asked in Landlord - Tenant and Identity Theft for New Jersey on
Q: Hello. I receive ssd benefits. I am.60. My disability is mental. New landlord got my social security number(theft?)

My former landlord harrassed me tried to evict me. New owner is harrassing me got my ss number and dl number. Kept harrassing me. Did nit even contact other tenants. Singled me out. Im scared this is identity theft. What do i do?

Morris Leo Greb
Morris Leo Greb answered on Mar 2, 2021

I believe that the first step should be to notify Social Security Administration that the ID number has been breached, Further, advise SSA that you believe the number is being used without your permission, most likely for improper or illegal purposes.

If you believe the information was...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Buying house from landlord with roommate refusing to leave

..

Morris Leo Greb
Morris Leo Greb answered on Feb 12, 2021

Yes, there is a procedure for removing a month to month tenant when a house is sold to a purchaser intending to occupy the premises. If there is a written lease the prospective purchaser will take title subject to the terms of the lease. Self help is frowned upon by the Courts of NJ. Statutory... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I have a townhouse sold and closing 3/2021. I also have a tenant on month to month lease that refuses to vacate.

How can I remove holdover tenant in New Jersey?

Morris Leo Greb
Morris Leo Greb answered on Feb 8, 2021

Self help is frowned upon by the Courts of NJ. In order to evict someone, the Landlord must follow the procude set forth in NJ Statutes. You may fund the requirements on the internet by clicking on NJCourts.gov

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I sue if I have been injured due to my landlord not clearing snow in and around my building?

My landlord doesn’t clear, salt or clean up the snow after storms, I have slipped twice. First time I strained my groin and the second I fell.

Morris Leo Greb
Morris Leo Greb answered on Feb 7, 2021

Yes. Go to the emergency room of your local hospital and get checked out. The key question is how long after the stor ended did the fall occur. This may determine the success of a law suit. You should consult with an attorney who does plaintiff's personal injury cases.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Apt. complex not upholding the lease agreement

I live in a 900 unit apartment complex in NJ. We have no assigned parking unless handicapped. The lease states there is no commercial vehicle parking and those vehicles will be towed and there is also signage stating as such in front of the parking area. The complex refuses to enforce the lease... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 6, 2021

Just as the Landlord can choose which provisions in the lease it wishes to enforce, Tenants have the same rights. Failure to enforce a provision does not mean a waiver of that provision. You have several options increasing in severity as follows:

1) Organize the Tenants to present a letter...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord sold the house I’m living in. He gave me a “notice to quit” of 60 days. Is that legal during the pandemic?

I am still in the process of trying to find somewhere for my family to move to but it isn’t easy trying to find somewhere to rent right now. Can a landlord who sold the property give you a notice to quit and still kick you out after 60 days right now?

Morris Leo Greb
Morris Leo Greb answered on Feb 4, 2021

Do did not indicate if you had a written lease. If there is a written lease, the terms of the lease control. If no written lease, the Landlord must conform to NJ statutes concerning eviction. The Landlord can not resort to self help. He must follow the procedures set out in detail in the statutes.... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We have a month-to-month lease on a property rental, landlord did a quick 45-day sale on it.

Moreover, there no rentals available in town. Couple in that we have a Special Needs child and two other children in high school. We qualified for a mortgage, but it now means nothing, as North Jersey & New Yorkers are moving down and jacking the real estate prices up 30-40% more than it was 6... Read more »

Morris Leo Greb
Morris Leo Greb answered on Feb 4, 2021

The buyer, if title already closed, takes subject to the tenancy. This means whatever your rights, they are protected vis-a-vis the buyer. The Courts of NJ frown upon Landlord self help eviction. If you stay, continue to pay your rent. If the Landlord refuses the rent, open an escrow account at a... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: If I sell a property to my son for $1 to kick out a squatting, non-paying tenant, will this work?

I have a tenant in NJ who will NOT pay rent and knows he can get away with it for the time being due to covid.

Since his lease is month to month, am I able to sell the house to my son, and have the police forcefully remove him after a 2 week notice? I understand there MUST be a reasonable... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 3, 2021

No. That doesn't work. You still have to go to court. Your son could evict once he owns the property saying that he owns it and wants to live in an apartment. This is not a compelling argument for most judges at this time.

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’m renting out a house that I own. The tenants are on a month to month lease. I would like to move back into my home.

Am I able to give them notice to move out?

Morris Leo Greb
Morris Leo Greb answered on Jan 31, 2021

Yes. However, if you evict them and then do not move in, you may be subject to penalties. Check NJ Statutes which you may do on line.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my father legally lock us out our home?

My dad changed the code to get into the house because he wants us to leave.

We’re both fully employed and are working towards moving, but need time to get out.

We never signed any legal lease/rental agreement or any other legal document detailing rent or leasing.

We do... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 26, 2021

Self help by a Landlord to cause an eviction of tenants is not permissible in NJ. In order to evict a tenant. a Landlord must follow the requirements specifically set forth in New Jersey statutes. To evict a tenant , the Landlord must file a complaint in court.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in an apartment that I suspect is illegal. How do I find out if it is?

I live on the top floor of a 2 story house. Downstairs is a couple who are also renting. Landlord is a combat vet and uses it to get some kind of discount, not sure how it works. Landlord insists on cash rent, saying he needs to "keep my footprint low." Last tenant left under very odd... Read more »

Derek John Soltis
Derek John Soltis answered on Jan 25, 2021

You can look up the zoning of the house or contact the city. If the house is set up with multiple electric and gas meters I would bet on the house being set up as a multi family.

View More Answers

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord Replaced Broken Appliance, Has Not Installed It After Repeated Requests

Landlord replaced a broken washer and dryer, but is refusing to install it. The washer and dryer is an amenity of the apartment. I have made several requests, via text and email to have someone install it, but they either go unanswered or they say they will install it and never do. I want to hire... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jan 21, 2021

Advise your landlord that the washer and dryer which were amenities in the apartment must be installed and working by February 26th. If not completed by the you may either retainer the services of a licensed plumber and deduct the cost of installation from March 1, 2021. A less favorable... 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.