Landlord Tenant Evictions

New Jersey Anti-Eviction Act (2A:18-61 et seq.) Is one of the strongest pro-tenant laws in America concerning tenant/landlord relations. Landlords have the right to collect rent payments when they’re due, use the security deposits to cover damages that exceed normal wear and tear, and provide safe eviction procedures if the tenant fails to pay rent or violates the lease. Rental Agreements may be specified orally or in written form. If the tenancy is longer than 12 months there must be a written lease.

Landlord Responsibilities: Landlords must provide the tenant with habitable housing without discrimination based on their race, religion, nationality, color, etc. Additionally, landlords must comply with any reasonable repair request that the tenant makes during the lease. There’s no required minimum time for repairs, but it’s assumed for the landlord to promptly provide these repairs. if the landlord fails to provide the required repairs on time, the tenant can choose to withhold rent, deduct repairing costs from rent payments, or seek legal help in a court of law.

Tenants’ Rights: Tenants have a right to housing without any kind of discrimination from their landlord, and they have a right to habitable housing conditions. New Jersey landlord-tenant law allows tenants to request property repairs on time. If the landlord fails to provide these repairs, tenant rights allow them to stop paying rent until the fixes are made.

Tenants’ Responsibilities: Generally speaking, the law requires tenants to pay the rent on time. Keep the property in good condition and provide a quiet environment for other tenants or neighbors.

Security Deposits in New Jersey: Landlords usually collect security deposits in New Jersey as a “safety” measure against damages caused by the tenants’. The maximum security deposit allowed is one and one-half month’s rent.

Security Deposit Returns: Tenants’ have the right to get their security deposit returned whenever they move out of the rental property. The security deposit must be returned within 30 days of the tenant leaving the unit. If the tenant was a domestic violence victim, the landlord must provide the security deposit within fifteen days. However, the tenant must provide proof of domestic violence in their rental unit to get the deposit in time. The landlord may withhold the security deposit in the case of unpaid rent, Breaches in the lease. Damages that exceed regular wear and tear. Landlords must provide the tenant with a list of the deductions from the security deposit in the 30 days following the tenant’s departure from the rental.

Landlords’ Rights to Entry the Property: The landlord must give a reasonable amount of notice before entering the premises. If the landlord shows up to the rental without any notice, the tenant has enough rights to refuse entry. In cases of emergencies, the landlord doesn’t have to send any kind of notice before entering. Landlord/Tenant laws are complicated and often require a skilled attorney, such as myself, to navigate. Call me for your strictly confidential free consultation today at either of our two offices, call 856-881-9600  for our Glassboro Office or 609-886-5700 for our Cape May  Office.            

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