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New Jersey Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord threatened to evict me for vaping in the hallway. No smoking agreement says “Definition of smoking: the term

“Smoking” means: inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette or other tobacco product or similar lighted product in any manner or any form”

it seems intentionally vague, and vape did not contain nicotine. They fined me $50 for this, and I would like to... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 19, 2022

The candy is not worth the price of the candle.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a new landlord raise my rent

A new landlord bought my complex my lease ran out do I have any right how much he can raise the rent

Morris Leo Greb
Morris Leo Greb answered on May 19, 2022

When your lease terminates, and not before then, the Landlord can raise the rent. If you are a month to month, it can be raised each month. Check with your municipality to see if there are any rent control ordinances.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is there a maximum the landlord can raise my rent during a lease renewal?

I live in Eatontown, NJ. My landlord is renewing my lease with a $400 increase from $1400 to $1800. Is this legal, and if not, how do I fight it without losing my apartment?

Morris Leo Greb
Morris Leo Greb answered on May 19, 2022

The answer depends on whether or not the municipality has a rent control or rent stabilization ordinance.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 19, 2022

Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Rent increase for this year is more than doubling last years I don't believe it is rent controlled. Is that legal?
Morris Leo Greb
Morris Leo Greb answered on May 16, 2022

Check with the municipality. Also call your County Legal Aid office.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1... Read more »

Matthew Schutz
Matthew Schutz answered on May 16, 2022

What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing.... Read more »

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi. What is the legal percentage that a NJ landlord for an apartment complex, can increase the rent by? Thank you
Morris Leo Greb
Morris Leo Greb answered on May 16, 2022

Depends on whether the municipality in which the premises is located has a rent stabilization or rent control ordinance.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Hi. What is the legal percentage that a NJ landlord for an apartment complex, can increase the rent by? Thank you
Matthew Schutz
Matthew Schutz answered on May 16, 2022

I read Mister Greb's answer. While I generally agree with it, I would add that in the absence of rent control, the court will look at what is reasonable as far as an increase is concerned. The court will consider a variety of factors. How much time between the current increase in the last... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I am a landlord in NJ. Tenant is late with paying rent and I want to evict. Tenant is paying month to month.

Can I ask tenant to leave without filing for eviction? I already filed once so she could qualify for Covid relief. Also, lease states no pets allowed and neighbor said she has 3-4 dogs there. Also, neighbor said boyfriend is there often, probably living there. Boyfriend is not apart of the lease.... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 9, 2022

Yes, you can ask. But in order to evict, you must follow the statutory requirements and file suit. Self help is not permitted in NJ.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord agreed to extend my 1-year lease by 2 mos. Do I need a new lease, or is an email confirming this sufficient?

I'll be going to school, and my program doesn't begin until the summer, so I asked if I'd be able to stay until then. All communication has been via email, so I do have written confirmation of this. All terms will remain the same, with the exception, of course, of the date the lease... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 20, 2022

If possible use DocuSign.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlord is asking me to sign a full lease contract without seeing the unit. is it normal?

i am transferring to a bigger Unit, but they asked to sign the whole lease, put a deposit without seeing the next place. and in Case i do not like it, they will fine me, as my current place will be committed to somebody else.

is it normal to commit to a 12 months lease, without seeing it?

Matthew Schutz
Matthew Schutz answered on Apr 18, 2022

No. How can read the lease or have an attorney review it, if you don't have a copy?

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Is this lease offer letter binding and considered a renewal?

I received an offer letter from landlord that stated the new rent for a 12-month term, and the rent if converted to month-to-month. I asked if it was negotiable, and was told it was not. After considering the amount and my budget, I signed the offer letter and returned it. Upon receipt of the... Read more »

Matthew Schutz
Matthew Schutz answered on Apr 18, 2022

Your landlord is stuck. Contracts are formed upon the offer and acceptance. The landlord offered to renew your lease at the initial rental. By signing the letter you accepted his offer. The fact that he may have made a mistake in sending you the offer, doesn't change the fact that he did. Your... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much notice does property management have to give for a rent increase on a year to year lease in NJ
Matthew Schutz
Matthew Schutz answered on Apr 18, 2022

My answer here is dependent upon what your lease provides. Assuming the lease is silent on renewal periods, you should give at least 3 months notice. If the rental is residential and subject to the Anti Eviction Act ( not owner occupied or in excess of three units), the lease becomes a month to... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord is putting house on the market,how much time is he suppose to give me to look for another place to rent?
Matthew Schutz
Matthew Schutz answered on Apr 12, 2022

It depends on the situation. Under New Jersey law, the landlord can't evict you if he is selling the premises, unless it's under contract and the new owner wants to use the unit for his own personal use. The landlord has to give you 2 months notice to quit. If the property is under lease,... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I live in East Orange,New Jersey pay month to month rent but I recently found out my Landlord is going to sell the

Property,my question is does my landlord have to give me a notice ahead of time so I can find another place to rent?

Morris Leo Greb
Morris Leo Greb answered on Apr 12, 2022

Yes, since you are a month to month tenant, you need to renew every 30 days. The Landlord should advise you of the closing date when you give your monthly renewal notice.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: the property is in the process of being sold the person who was in charge of looking after the house has moved in.

there was no contract of any kind the house is in PR how do i go about evicting

Morris Leo Greb
Morris Leo Greb answered on Apr 6, 2022

Either retain an attorney in Puerto Rico or speak to an attorney locally who is admitted to the Puerto Rico Bar Association and is familiar with Puerto Rican property law.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I rented until the owner left abandoning the house for about 3 years now she calls says needs to get in going to sell

three years ago she meets a guy the house went into foreclosure she abandon the house and moved in with him to go do drugs. She hasn't been here for over 3 years. now calls me and says she needs to get in to take pictures so she can sell the house. foreclosure started like four years ago or... Read more »

Morris Leo Greb
Morris Leo Greb answered on Apr 6, 2022

The County clerk maintains records of all property transaction. If a foreclosure action was commenced a lis pendens was file with the County Clerk. You can find this on the County Clerk web site. The lis pendens will have a docket number. You may then go to NJCourts.org and track the case. Further,... Read more »

2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: I've rented over ten years in current apartment. This year's lease is ending and my landlord wants a 10% rent increase

A 2 bedroom apt that has a broken radiator in one room and needs new toilet, so can't have roommate. I told them fine, but I need them fixed so I can get a roommate to share expenses.

They replied they'll fix them, but now the new lease will be month to month.

Is any of this legal?

Matthew Schutz
Matthew Schutz answered on Apr 4, 2022

Yes and no. A 10% rent increase is a nonstarter. Absent rent control, where increases must stay within guidelines, the court will look at the reasonableness of the rent increase. Generally speaking, 5% is the ceiling, but this can increased by investment in the property, time since the last... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How much notice needed for new lease and rent increase in NJ

Renting house since 2013, lease expired 2014, no physical lease since (therefore month to month). received new lease today 3/30/22 for 4/1/22 effective date. Current rent is 1500/mo, new rent 1800/mo effective 6/1/22. Lease is VERY favorable to landlord who has made NO repairs or improvements in 9... Read more »

Matthew Schutz
Matthew Schutz answered on Apr 1, 2022

Generally speaking the LL is allowed to have a reasonable rent increase. Tyically that is not over 5%. Jurisdictions with rent control will have guide lines the LL must comply with. Any changes in the lease terms must be reasonable as well.

Depending on the nature of repairs required,...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Landlord changed his mind after we both signed lease for rental house. Can he do that? Am I entitled to the home?
Morris Leo Greb
Morris Leo Greb answered on Apr 1, 2022

Yes you do. In fact, you may have a valid cause of action for a claim of specific performance.

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