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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new lease in my NJ apartment has a $400/month rent increase. They say they can do that. What are my rights?

I moved into an apartment in New Brunswick, NJ and signed a 14 month lease. I read up on the state and believed they would increase (for this year) 4% as is the current rate (about $100 for me) but they raised us over $400 a month. When I asked they said they can charge whatever they want, given... Read more »

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

At the conclusion of a lease term, a landlord may impose new conditions. But they must be reasonable. NJ does not recognize self help. As such, if you remain as a hold over tenant, the landlord must file an action with the court to obtain possession. Be sure to attend all scheduled hearing dates to... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a new landlord who agreed to a rent increase amount and 3 days later change his mind and double the rent?

This happened on the day of the closing. He quoted me $1100 to $1200. I was paying $750 and a tenant from 2012. I am a senior 69 female. I told him my pension was cut until 2022 so he suggested $1050. Nothing in writing but had me copy the information to where to send rent. It was 2-3 days... Read more »

Morris Leo Greb
Morris Leo Greb answered on Nov 1, 2021

A landlord may change the terms of a lease at renewal time. However, the changes must be reasonable. Further, there is no self help in NJ. A landlord must file a complaint in court in order to evict a tenant. At the time of the court hearing, if the Court grants the Landlord the right to evict, you... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Does new owner legally need to give written 30 day notice for a tenant already in unit on a month to month lease in NJ?

I am living on a month to month at my current residence. On 7/2021 old owner gave all tenants a written notice that she was selling the property and we had to move. My move date was 9/1/2021. I was/am still searching for affordable housing. There were negotiation issues, inspections,... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2021

There is no self help in NJ. A landlord can not lock you out. If you choose not to move, the LL must file an eviction action with the court The Court has the power to stay an eviction for up to six months. Make the LL take you to court. If LL successful ask the order to stay the eviction. So... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is there a statue of limitations on a rental application filled out??

I have signed a 3 year lease and my rent is completely paid. Because the owner wants to sell the property 2 and a half years into the lease he is threatening to terminate my lease based on a question answered on the rental application 2 and a half years ago..

Morris Leo Greb
Morris Leo Greb answered on Oct 23, 2021

A difficult question to answer without more fact. I would, however, suggest, that since he accepted that answer and leased the premises to you would indicate that the answer was of no consequence then and remains so now. Briefly, it should not be considered as a basis for non-renewal now.

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1 Answer | Asked in Landlord - Tenant and Securities Law for New Jersey on
Q: I rent an apartment in fort lee, nj, if I will move out by Nov. 31, could I use my security deposit for Nov rent? Thanks
Morris Leo Greb
Morris Leo Greb answered on Oct 20, 2021

No! But the LL must return the security deposit promptly with 30 days or be subject to penalties. Speak to a local Fort Lee, NJ real estate attorney for details.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ location- month to month tenant; applied security deposit to rent due to LL failure to provide proper notice.

Was successful in court. Question is, as long as I am a tenant can LL ever require a security deposit?

Morris Leo Greb
Morris Leo Greb answered on Sep 23, 2021

No!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: how do we go about collecting the remainder of a security deposit from a former landlord, its been about 2 years.

the landlord still owes about $1300, claiming that he had the apartment cleaned several times to alleviate a smell. granted we had 3 dogs with us at the time but no accidents took place inside of the apartment. but there was a smell and it was an oily smell coming from the garage below the apt.... Read more »

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

File a lawsuit.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Apt complex has just been sold and now have new landlord. We signed lease with old landlord. May I end lease & leave

We have been dealing with unanswered complaints about dangerous conditions on grounds. Mother was recently injured due to this dangerous condition. Would like to find safe place to live.

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

The existing lease is assumed by the new buyer. Thus it continues until the end date specified in the lease.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are there any lawyers that handle landlord tenant/abuse cases pro Bono in Salem New Jersey
Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call Legal Aid in the County in which you reside.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’ve been recently illegally evicted had my belongings stolen and a fraudulent restraining the judge superseded

The defendant my landlord has illegally entered my room along with the her boyfriend/tenant and robbed me leaving me homeless and a major hardship in my life looking for a pro Bono lawyer

Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call legal Aid in the County in which you reside for this information.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My friend is living in atlanta,GA i want to move to his house and stay for 6 month without rent is it legal

My son want to go to school from my friend house but it's not rental property

Morris Leo Greb
Morris Leo Greb answered on Aug 14, 2021

If your friends permits you to occupy his home that he owns and nit pay rent, you may do so. If he is a tenant and an owner of the home, there may be problems. If you do occupy your friend's home, it would be wise to get an agreement in writing.

The school issue is separate and...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I handle a landlord that is unresponsive and not doing my service requests?

I am having an issue with my current landlord. There has been water damage in my apartment for over a year now, in 2+ rooms. I have been communicating with the landlord since last year on how to get this issue resolved, little-to-no response from them. As a result of the water damage, I have an... Read more »

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

Notify, landlord both by certified mail, return receipt requested, and orally in the presence of a third party, that until the repairs are made, the monthly rent will be placed in an escrow account until all requested services are completed. Open an account at a convenient bank, make timely... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I rented a condo for 6 yrs and paid a 2,400 security deposit, the landlord has not returned anything. what should I do?

Location: NJ

City: Bridgewater

My landlord told me that he had to replace the carpet and the shelving in the kitchen. Since I had rented the condo for 6 years and the carpet was 1 and a 1/2 year old when I moved in, how do I get my money back? I was expecting atleast half the... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 3, 2021

Retain an attorney to file suit. If you win you will receive double your money and more importantly, the Landl ord will be charged with paying your attorney fees. NJ Courts are very strict about enforcing tenant security laws.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My lease is up 9/30/2021. Notified landlord regarding habitability issues. Withheld l months rent. He started evictio

He started eviction proceedings against me. Can he evict me? Never had proper heating or cooling system that worked. I have on-going certified documentation requesting repairs of heating and cooling system. As a response, he is summoning me to court for non-payment of rent.

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

Make sure you attend the court hearing and be prepared to pay the rent you've withheld. At the Court hearing prior to go before the judge there will most likely be a mediation. Tell the mediator about the problems. Also be sure to ask the town whether the apartment has been listed as required... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Security deposit on an owner occupied 2 unit rental apartment

Hello, my lease ended on 30th june and sent several text to my landlord for my security deposit of 3900. She sent an email on 1st aug that i will get a refund of only 1286 stating she painted the house and made. I the house was in good condition as i only lived there for a year, the only that was... Read more »

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

If the amount is less than $3000, file a complaint in small claims court.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord failed to give me the notice of security deposit within 30 days, can i use that+interest as last month rent?

I was reading The Rent Security Deposit Act (N.J.S.A. 46:8-19 – N.J.S.A. 46:8-26). We moved in 10 months ago and didn't realize that the landlord failed to provide us the security deposit notice within 30 days and they never did. Now we are planning to move out when the annual lease is about... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 1, 2021

Yes

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: NJ tenant. Landlords repeatedly failed to repair/maintain. No landlord registration/certificate of smoke detector compl

I contacted township due to safety concerns I had over removal of leaking oil tank in my basement. Landlords then repeatedly threatened to evict. County DOH came out to inspect. Landlords insist they don’t have to “accommodate” my schedule making repairs required by DOH. Won’t provide... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 23, 2021

Become proactive. Open an escrow checking or savings account. Notify in writing ( best to use certified mail return receipt required) to the Landlord that the monthly rent will be placed into the escrow account until all required repairs are scheduled to your satisfaction and are completed by... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My family bought 2 family house with a tenant that has a lease from old owner agreement .lease will expire soon ?

We do not want to renew lease because

Our family is getting bigger and we need to occupi it?? What are my opptions??

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

Don't renew. It is your property, you can make whatever decision as to leasing that suits your needs.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: When we bought this house we my family agreed in the terms of old owner that he gave our tents a 3 year lease? Now lease

Will expire? My sons getting married

They have no place to live??

Our family needs to occupi all floors aprtment?? Its a two family house in n.j.? Whats the best way to proceed without any problems??

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

You question fails to state whether the lease was in writing or not. Leases for more than a year must be writing to be enforceable. You may by following statutory Court procedure seek to evict the existing tenants. If the lease is in writing, I do not believe that you will be successful in any... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Should I not pay my partial rent as LL failed to fix bathroom ceiling leak problem??

I am a decent tenant paying rent each month and following lease. I live in NJ. I got bathroom ceiling leak problem since 1 month. LL says this is due to tenant living upstairs using extra hose and not keeping bathroom floor dry enough. LL says they tried to request him to remove attachment as... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 15, 2021

Open an escrow checking account. Pay into that account an amount equal to the withheld rent on a timely basis. In form the LL that you will release the escrow to him once the necessary repairs are performed. Be sure that the amount of rent withheld is reasonable considering the work to be done.

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