Relationships between Landlords and Tenants can become strained when one party does not abide by the agreement that they entered into. In most cases, a valid lease agreement is signed by both parties. This lease agreement sets forth the terms of the contractual agreement that the parties entered into. If one of the parties are not performing pursuant to the lease, a complaint can be filed with the court to enforce the terms of the lease agreement.
These types of cases can be very stressful for the Landlord and Tenant who may have an otherwise pleasant relationship. Let us relieve you of this stress and get the issues resolved.
Know Your Rights
For Cause Evictions
With few exceptions, tenants in New Jersey can only be evicted for “just cause.” Eviction for cause is a basic rule of landlord-tenant law in New Jersey. This means that, unless one of the few recognized exceptions apply, tenants can only be evicted for one of the causes or grounds for eviction listed in the Anti-Eviction Act. N.J.S.A. 2A:18-61.1.
- Non-payment of rent
- Disorderly conduct that disturbs other tenants*
- Damage or destruction of the landlord’s property*
- Violation of landlord’s rules and regulations*
- Violation of lease agreement*
- Violation of public housing lease agreement provision prohibiting illegal use of drugs or other illegal activities*
- Not paying a rent increase*
- Housing or health code violations*
- Landlord wants to permanently retire building from residential use *
- Not accepting changes in the lease*
- Paying rent late month after month (habitual lateness) *
- Conversion to condominium or cooperative*
- The owner wants to live in the apartment or house*
- Tenant loses a job that includes rental unit*
- Conviction of a drug offense*
- Conviction of assaulting, attacking, or threatening the landlord*
- Engaging or being involved in drug activity, theft, or assaults or threats against a landlord*
- Conviction of theft offense *
- Human trafficking*
*Must provide notice pursuant to the Anti-Eviction Act prior to making any application to the court for eviction.
Security Deposits
Landlords request a security deposit to pay for any damage done to the unit after the tenant vacates the property and/or to cover unpaid rent. In New Jersey, a landlord can only charge up to 1 1/2 months’ rent as a security deposit. The landlord must deposit the security deposit into an interest bearing account within 30 days of receiving the money from the tenant.
Notify the tenant in writing, within 30 days of receiving the deposit, with the following information:
- The name and address of the bank where the money has been deposited
- The amount of the deposit
- The type of account
- The current interest rate of that account
Send the tenant an updated statement providing the same information on an annual basis, or within 30 days if
- The deposit is moved to another account or bank
- The bank merges with another bank
- The rental property is sold
Illegal Apartments
Illegal apartments can lead to major landlord tenant issues. While local zoning ordinances vary, illegal apartment zoning issues typically come up when a landlord rents out an attic, basement, or garage unit. On occasion, landlords and tenants are unaware that the apartment is illegal.
If an illegal apartment is being rented, typically, the lease agreement between the landlord and the tenant will be deemed invalid. This does not mean that the tenant can just stop paying rent. If the tenant should stop paying the rent, the landlord may be able to bring an action in court to recover the unpaid rent.
In response to strong public policy against illegal apartments, the relevant N.J. law provides that the tenant of an illegal apartment could recover from the landlord six times the monthly rent for relocation expenses.
plan of action
you shouldn't go it alone
The information above is a very brief overview of main topics in the large area of landlord tenant issues.
Even though handling landlord tenant issues may seem straightforward, it is important to keep in mind that the relevant laws have requirements, like the notice requirement, that are not so straightforward.
Save yourself time and stress and get an attorney that knows the law.
Make sure it gets done right
Take the first step and contact us for you free consultation