THE ULTIMATE LIST OF LANDLORD-TENANT LAWS IN NEW JERSEY

As an owner of New Jersey Apartments, you must be capable of handling regulatory inquiries and issues even without the assistance of an attorney for optimal property management. Even for tenants, an understanding of New Jersey’s tenant-landlord legislation is critical to prevent yourself from falling victim to any tenant-landlord issues that can arise.

All information provided in this blog is extracted from the official state of New Jersey website, including all the tenant-landlord laws that both parties should be aware of.

FOLLOWING LANDLORD DISCLOSURES IN NEW JERSEY IA A LEGAL REQUIREMENT:

• Whether the said property is in a flood area or zone. This only applies to properties with more than two apartment units or properties occupied by owners with more than three units.
• When the new tenant moves into the property, the landlord must distribute the Department of Community Affairs statement. Tenants’ and landlords’ legal rights and responsibilities are listed in this document.
• Multifamily property owners should include details in their leases regarding tenants’ entitlement to demand window guards.

LIMITS AND RETURN ON SECURITY DEPOSITS IN NEW JERSEY

The State of New Jersey restricts the amount a landlord can require for a security deposit; 1 month and a half after the first year of charge and no more than 10 percent for every additional annual deposit. The tenant can receive the deposit back within 30 days after a tenant’s move-out or within five days in the event of a fire, flood, condemnation, or evacuation.

NEW JERSEY - SMALL CLAIMS LAWSUIT:

If the landlord is not giving back the security deposit outside of the terms and conditions, the tenant can sue the owner in small claims court. They can demand the return of their security deposit up to the value of $5,000. Both the parties will defend their stance, and whoever the judge rules in favor of must comply.

RENT RULES OF NEW JERSEY:

A lease contract should set out the rental terms for your NJ lease, such as:
• The rental amount
• Where rent is due (for example, via mail at the business address of the property owner or online)
• If there is a grace period (including what happens if the rent due date falls on a weekend date or holiday)
• How to pay the rent (often check, money order, or cash; very rarely credit card)
• Any additional fee if the rent check bounces
• The implications of late payment of rent
• Subletting rules
• Possibility for lease termination
• Tenant Rights and privileges
Additionally, if a tenant stays longer than the standard 1-year standard lease agreement, the landlord can only increase the rent when a 30-day prior notice has been given. This will not be applicable in a long-term lease scenario or month-to-month leases.
*If you feel like your landlord is unfairly increasing your rent in retaliation or a discriminatory manner, you can report them.

EVICTION AND TERMINATION RULES OF NEW JERSEY:

Suppose you are a property owner and leased your apartment to a tenant. In that case, there are specific rules and laws your tenant must comply with if they do not follow the mentioned rules or disobeys the terms outlined in your lease. For example, if your tenant is threatening you, causing property damage, or disturbing other tenants, you have the right to entertain an eviction.
If you do have grounds for an eviction, you really should consult with a real estate attorney, so you do not illegally evict someone. This can cause more issues if you do not follow the exact protocol for an eviction.

PROTECTION FOR TENANTS WHO SUFFER DOMESTIC VIOLENCE:

The majority of the states, including New Jersey, ensure that tenants who undergo domestic violence of any kind are given extra protection.
The fundamental laws aiding domestic violence victims are:
• An anti-discriminatory status coupled with protection from eviction:
The landowner of any property can not showcase signs of discrimination towards individuals who have faced domestic violence. They can not refuse them from attaining said property solely based on them being domestic violence victims. Similarly, in a scenario where you are already a tenant and face domestic violence issues, the landlord can not evict you on any such grounds.
• Rights for early termination:
If a domestic violence victim wants to evict a property, they can do so without facing any penalties. They have to prove their status of being a domestic violence victim and inform the landlord 30 days before leaving the unit.
• Rental clause limits:
In New Jersey, property owners cannot incorporate termination provisions in case of a resident’s appeal for help from the police in an abuse situation, and property owners cannot charge tenants for such an appeal/call.

IN CONCLUSION:

As covered above, both tenants and landowners have critical rights regarding property management and tenant/landlord relations. If you have any misconceptions about your rights as a tenant or are being mistreated as a tenant or a landowner, hopefully, this blog will provide a bit of clarity.
You should always be aware of the rights you have, and if you need further clarity, you can visit the New Jersey official website, which includes all tenant-landowner laws for your use.

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