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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord Tenant dispute, Landlord enters back of property without permission, has also failed to repair property

I live in a town where the Code Enforcement is very strict. Our landlord has a building next door to us with a connected back parking lot.

Our landlord consistently visits the property and complains about trash and our way of life, etc. to avoid having to get calls from Code Enforcement... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Sep 28, 2022

Every lease in NJ, both written and oral, are deemed to include the provision of quiet enjoyment. This means no one can enter the leased premises without the renter's permission unless it is an emergency such as a water or gas leak. If repairs are not made within a reasonable period of time,... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My doorman/management has misplaced my spare key. I don’t feel safe. Can I force my landlord to replace the locks?

am a tenant in Jersey city. My apartments spare key is kept with the doorman. I got locked out today and requested the spare key. The doorman showed me that the key was missing from the spare key cabinet. The super let me in but I believe the landlord may have taken the key. I don’t feel safe... Read more »

Matthew Schutz
Matthew Schutz
answered on Sep 11, 2022

It is a violation both of civil law and criminal law in New Jersey to lock you out of your apartment. What I would suggest you do is to change the locks on the door and leave a copy of the key with the doorman, get a signed receipt. In that way the landlord can't accuse you of changing the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord locked me inside my apartment.

I was sublease from my brother but he wasn’t using my rent to pay the landlord and I had no idea now we’re being evicted, but I’m locked inside.

Morris Leo Greb
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Morris Leo Greb
answered on Aug 25, 2022

The Landlord has no authority to lock you in or out of your apartment. Should there be unpaid rent, the ony thing the landlord can legally do is to apply to the court for a warrant of eviction. Should the landlord do anything else, he will be subject to a suit for damages.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i paid my deposit beginning of march and it wasn’t deposited til july. what can i do to go about that?

the mail from the bank said thank you for opening a checking account and didn’t provide any further info. his email said the states qualified interest rate, our amount paid, the lotion and the date but nothing further. i was told it should’ve been 30 days in a interest bearing-don’t think it is

Matthew Schutz
Matthew Schutz
answered on Aug 24, 2022

The landlord does have 30 days to deposit your security deposit into a separate interest-bearing account. If you want to check on when he deposited the money, you are telling me that you got notice that there is a checking account in your name and they sent you checks. I'd call the bank. Tell... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I properly make sure my tenant moved out day of eviction ?

Hello, after the court proceedings with my tenant, I received a eviction date 8/24

The sheriff contacted me and stated that he will do the lockout the day after if they still haven’t left.

My question is how do I clairfy they left house ? Is there a forum they have to sign ?... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Aug 17, 2022

No form is required although if they willingly give you one accept it. Ask for the keys. Change the locks immediately. Remember to notify the tenants of the disposition of the security deposit within the time required by statute.

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi, my evicted tenant left a lot of stuff behind. Can I it all throw out ? What’s the process on removal ? Thanks
Matthew Schutz
Matthew Schutz
answered on Aug 17, 2022

You need to send a letter to the tenant at his last known address to the tenant at his last known address informing him that he has 30 days to get his property. If you do not know the address that the tenant moved to after you evicted him (which is typical), you may use the address that you evicted... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I did not give my landlord proper notice when I left.

My former lease says that I am required to give 2 months notice when I leave. I only gave him a week and a half. He now wants me to be responsible for paying rent on August and September. At the same time he has in the lease that if I stay past the lease he wants me to pay for holdover rent.... Read more »

Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The circumstances described in this email are disturbing to me. Your base rent is $1500.00 but you mentioned that you posted $3600 in security. Under New Jersey law your security is limited to one and a half months rent or $2550 in your case. How did your landlord say that the month-to-month rent... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the new owner of the house evict me, despite having a written agreement with the previous owner?

I and the previous owner of the house have a written agreement that we can still rent and stay in one of their rooms in the house until next year February 2023. But the previous owner sold the house this month. Will the new owner, honor the written agreement I had with the previous one?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 11, 2022

No! Unless the written lease specifically provides the right to terminate lease upon sale and you signed that lease, the new owner must continue your tenancy until the termination date stated in the original as to all the terms contained therein.

2 Answers | Asked in Elder Law and Landlord - Tenant for New Jersey on
Q: how to protect the elder landlady from the son's general power of attorney abuse?

My landlady made his son as an agent(POA), but he puts the elderly landlady at risk by implementing illegal actions of eviction. How can I protect my landlady from being held accountable for his son's wrongdoings?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 5, 2022

There is no easy answer to an outsider stepping in the help a perceived problem. If you believe that there is physical or mental abuse, I would suggest is that you contact the local police for a wellness check.

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1 Answer | Asked in Criminal Law and Landlord - Tenant for New Jersey on
Q: Is it legal to record someone who enters my apartment, either with or without their knowledge?
Matthew Schutz
Matthew Schutz
answered on Jul 29, 2022

As long as your camera is legally entitled to be where is, it's perfectly fine to photograph or record whatever is in its line of sight. Certain things are illegal, recording people using your bathroom facilities, as an example. Otherwise it's not a problem.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can my uncle evict my nephew without a lease even if the apartment was never supposed to be an apartment legally

So my uncle been trying to take him out his house for a while, well the basement for probably more than a year he doesn’t have a lease for him so I know he stays there with tenant at will like a month-to-month basis but now my uncle is trying to sell the house and since it’s not a livable... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 27, 2022

Assuming that your uncle has never taken rental payments from his nephew, he can file an ejectment action in the Special Civil Part. This is different than an eviction action.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If you rent and the house goes up for sale can the give you 30 days to be out even if your lease wasn’t over
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 24, 2022

A tenant has the right of quiet enjoyment until the lease term ends according to its terms. Anybody who purchases the property yakes title subject to the terms of the existing lease.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I find help if I think I was illegally evicted in NJ.
Matthew Schutz
Matthew Schutz
answered on Jul 24, 2022

Generally speaking the only way you can be evicted in New Jersey is by a court officer after an eviction hearing. Self help evictions (i.e. the landlord locking you out) are illegal. It is both the civil and criminal violation. If you need help getting back into your unit, you can either talk to an... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much time does a Landlord have to tell tenants the inspection ppl are coming in your apartment? East Orange, NJ
Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Depends on your lease. Generally speaking the landlord needs to provide you "reasonable notice" of any inspection, except in emergencies. Reasonable notice is defined as 24 hours. Usually the landlord has more than a week's notice of assorted governmental inspections.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How often can a landlord come into your house to inspect the apartment ? East Orange, NJ
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 20, 2022

In NJ, every lease whether oral or written is deemed by the Courts to include a provision for quiet enjoyment. This means, among other things, that nobody can enter your apartment without your consent. The only time a Landlord can enter without previous consent is if there is an emergency such as... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord of a two unit dwelling, one of which I occupy. The house was built in 1986.

Do I need to file a Landlord Registration Certificate?

Matthew Schutz
Matthew Schutz
answered on Jul 20, 2022

Yes and no. There is a requirement that you filed a landlord-tenant registration statement. In your case it filed at the municipal level. While there is no penalty for not filing, the court, should it come to eviction, will not have jurisdiction over the matter and will dismiss your eviction... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Jersey on
Q: What can I do about my neighbors chain smoking? It is affecting my health.

I am posting this again because I cant find help anywhere and I am constantly dealing with ear infections.I live in an apartment. I have had an issue for a year now with my neighbors chain smoking.They recently did renovations on all of the apartments. It made it worse.They did not do a good job... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 19, 2022

Speak to an attorney about filing a complaint against the landlord based on a claim that the lease provision of quiet enjoyed is being breached. If you cannot afford an attorney, consider filing a pro se complaint. This means you are representing yourself. You can find the procedure for doing this... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: After residential holdover EVICTION, can i put in for rent again?

we lost lot of money including lost rent, property damaged left my tenant, massive cleanup, we needed to fix up the house and rent again.

Do I need to wait six month or can we just rent now? We are unable to move in to the premises at this time due to financial difficulties.

What... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 19, 2022

I have read your question and I have some of my own. First let me respond to your question. A summary action in in the landlord-tenant part only determines possession of the premises. You can't get a money judgment in that part, nor can you use the decision beyond obtaining possession of the... Read more »

3 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Need details regarding how to sue the landlord regarding damages in details and exact steps

Me and wife stayed in the basement cellar apartment in jersey City nj for a year on monthly basis check payment no contract. The apartment was full of water logging issues and insect infestation. Before leaving we got apartment inspected by city who mentioned that this apartment was illegal as per... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 16, 2022

It appears, from your note that the apartment was illegal. In Jersey City, basement apartments are illegal and you are correct hundred New Jersey statues you are entitled to a 6 month relocation allowance. My first question is do you have a statement from the inspecting authorities indicating the... Read more »

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: After tenant got evicted can i put in for rent again? Case was under RESIDENTIAL HOLDOVER

Dear,

My tenant finally got evicted. My case was not for non-payment instead it was for RESIDENTIAL HOLDOVER, we as a owner wanted to move in to the premises. Now our circumstance has changed and we decided not to move in and rather re-rent again. Just wanted to know if the tenant come... Read more »

Matthew Schutz
Matthew Schutz
answered on Jul 15, 2022

The short answer is yes, you can be liable. New Jersey law provides for liability if you choose not to move in after evicting someone for the fact that you want to use the property for your personal use, but don't move in within 6 months. You are liable for the moving costs, double damages,... Read more »

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