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COVID-19 New Jersey Landlord - Tenant Questions & Answers
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
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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.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: please see below

I have a house in NJ and a squatter living in there. I tried getting the squatter out but could not because of Covid laws. I sued in civil court and won a judgement of $14000 against the squatter.

When the court clerk called the squatter to make sure she got the court summons she told the... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jun 25, 2021

The first thing that you should do is proceed to enforce collection of the judgment. The procedure involves utilizing the services of a Court Officer. You may wish to begin by either doing the necessary paper work yourself, retain a credit adjustment company, or retain the services of an attorney.... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord selling the house. The new owners want the whole house. Do I have to move under the covid relief thats in order
Morris Leo Greb
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Morris Leo Greb
answered on Apr 18, 2021

If you have a written lease, you may remain in the residence until the maturity date stated in the lease. If you are a tenant for a term up to a year. You may remain the premises until the renewal date. If you are month to month, the owner may obtain possession if the landlord follows statutory... Read more »

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
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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: 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
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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: 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
PREMIUM
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 »

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.

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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
PREMIUM
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 Gov & Administrative Law and Landlord - Tenant for New Jersey on
Q: I have a tentant owes 4 mths rent many times he uses the jobs checks not cleared yet and; I now when I state it doesn’t

Look like you can afford $550 a month I need the room back; he is using COVID-19 law as an excuse. And I never mentioned eviction or filed one What can I do? I real want him out mainly because of the smoking that was clearly stated on the agreement not to do. Do we as landlord have any rights with... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 7, 2021

The Court strictly follows the required statutory procedure for complaints filed seeking eviction of a tenant. To avoid having a case dismissed for failure to satisfy the statutory requirements merely prolongs your problems. My best advise is you retainan attorney to represent you in this matter.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: What if my landlord does not want to renew my lease are do month to month during covid
Derek John Soltis
Derek John Soltis
answered on Nov 17, 2020

Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.

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1 Answer | Asked in Constitutional Law, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Since i wont date my landlord he has put my house for sale I pay my rent on time, what can I do?

I have been living there for five years,each of those years I've had to deal with him popping up and bringing me gifts,showing up walking around the windows,and just walking in saying he had to drop something off.I have always laughed him off, told him I did not feel comfortable but he... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 15, 2020

There are two issues raised in your question.

The first is the Landlord coming into your apartment uninvited and harassing you generally. Wheteher you have a written or oral lease you are entitled to quiet enjoyment. The landlord is breaching this provision of the lease.As such, you may...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can the landlord put a boot on your vehicle if you haven’t paid your rent in full?

My rent is 1400 a month I’ve currently only paid 970 for this month. Because I didn’t pay it in full my landlord is threatening to put a boot on my vehicle. Is he allowed to do so. Nothing was put in the lease that he could do that and he wants to charge an additional hundred dollars to get it... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 27, 2020

First and foremost, in NJ, self help is not permitted. Secondly, without a Court order, no one can take nor deprive you of your property. If the Landlord will not voluntarily remove the illegal boot immediately, file a criminal complaint against the Landlord by going to your municipal police... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: What NJ statute states a landlord cannot change a lease without the tenants agreement, initials or signature?

They added an end date, when it says for a minimum of 3 months for length of lease. Now she refuses rent, and it was from the state auto deposited with her approval. She contacted them, not me and stated she refuses any more rent. Help, she claims I'm cauding irreparable harm, an OTSC was... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 26, 2020

No written document can be changed by one party after both have signed. Further, self-help is illegal in New Jersey. In addition, when you rented your apartment did the Landlord obtain a Certificate of Habitability from the town? Did you pay a security deposit? If so, were you provided with the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord not addressing bed bug infestation. What are my rights?

I rent 2 bedrooms in a 3 bdrm home with landlord in 3rd room. I have not left the house since March when the pandemic started and he was out and about daily. He will not call exterminator or address problem. Gave me a can of raid one time then 2 days later said problem was fixed. All bugs are in... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Aug 27, 2020

The following response is in accordance with NJ statutes and case law. Did the Landlord obtain a certificate of habitability from the municipality at the time of the commencement of the lease term? If the landlord failed to do so, he could be subject to certain penalties. A call to the municipal... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i am 64 years old and been living in my apartment for over 11 years. the last couple of months my rent has been paid

late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?

i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.

Derek John Soltis
Derek John Soltis
answered on Aug 11, 2020

I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.

Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help...
Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis
answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis
answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last... Read more »

Derek John Soltis
Derek John Soltis
answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... Read more »

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