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New Jersey Landlord And Tenant Legal Questions

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88 legal questions have been posted about landlord and tenant law by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New Jersey Landlord And Tenant Questions & Legal Answers - Page 2
Do you have any New Jersey Landlord And Tenant questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 88 previously answered New Jersey Landlord And Tenant questions.
Landlord and Tenant Law
New Jersey

Recent Legal Answers

If a tenant check bounced can he be evicted?

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
If a tenant's check has bounced you can sue for unpaid rent. However, the tenant can bring the money owed on the day you go to court and the case will be dismissed. If the tenant regularly pays late or bounces checks you can file a complaint for failure to follow your lease or rules, but that is only after you have provided notice to the tenant with a notice to cease (the condition you are complaining of) and then a notice to quit if the condition continues. This also applies to the issue about permitting contractors to make repairs. If you have a lease, this should be one of the terms of the lease. Even if you do not have a written lease, it is expected that a tenant will permit you to make repairs when necessary, but only upon providing proper notice, which is usually 24 to 48 hours in advance.... Read More
If a tenant's check has bounced you can sue for unpaid rent. However, the tenant can bring the money owed on the day you go to court and the case... Read More

after an eviction is con cluded and tenant is legally locked out, can or has the landlord ever forgiven the case and made a new agreement with tenant

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
The landlord is free to make whatever new agreement with the former tenant that he chooses. So yes, there is nothing that legally prevents the landlord from creating a new agreement with the former now new tenant.
The landlord is free to make whatever new agreement with the former tenant that he chooses. So yes, there is nothing that legally prevents the... Read More

The house I live in went in an auction sale I have a lease ending October 2017 new owner refuses to oblige it wants me out July 31st nothing in writin

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
Your lease is valid until the end of its term no matter who is the owner. As this is a three family house, it should be covered under NJ's Anti-Eviction Statute. You may want to consult an attorney because you may not only have grounds to file your own complaint against the new owner, but, if the house has the violations you mention you may be entitled to relocation assistance from the landlord which could be up to six month's rent.... Read More
Your lease is valid until the end of its term no matter who is the owner. As this is a three family house, it should be covered under NJ's... Read More

Landlord denying us our rights

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
This is a difficult question because it seems that, although the landlord is putting a heavy load on a single circuit, the landlord is also paying for the electricity. At least that's how I read your sentence that electricity was included. If that is correct, you are not being billed for his use of the power. So I don't believe that if the landlord is paying for the electricity, and if this air conditioner was for your own use, that he is obligated to use less electricity so as not to trip your current A/C. You might try and talk with the landlord about the situation to see if you can work something out, but from what you write, I don't think the landlord is denying you your rights. Again, if you are paying your electric, and he is using your power, then my answer would be different.... Read More
This is a difficult question because it seems that, although the landlord is putting a heavy load on a single circuit, the landlord is also paying... Read More

In 2010 I moved into an accessible apt. my appliances were not accessible for me. I explained my disability about my back. I now have scoliosis.

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
You definitely have the right to sue if you have evidence supporting your contentions. You could sue possibly both for injuries and for having an apartment that is uninhabitable. You should schedule a consultation with an attorney to go over your best course of action.
You definitely have the right to sue if you have evidence supporting your contentions. You could sue possibly both for injuries and for having an... Read More

Which state can a small claims action be taken. I have a property in NJ & listed it as such but extenant lives in NY which venue is correct?

Answered 8 years and 11 months ago by Anthony Van Zwaren (Unclaimed Profile)   |   1 Answer
If you live in NJ and the property is in NJ, the ex-tenant would have to prove that you have some connection to NY in order to sue you there. Now if you for instance advertised your property in NY that might be a connection, but if both ex tenant and you were in NJ when he was a tenant, I would say that NJ is the proper venue.... Read More
If you live in NJ and the property is in NJ, the ex-tenant would have to prove that you have some connection to NY in order to sue you there. Now if... Read More

Can my roommate break the lease early?

Answered 11 years and 8 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
Thank you for your question. Your responsibilities are governed by your Lease Agreement. We would be happy to meet with you to discuss how you might want to proceed.
Thank you for your question. Your responsibilities are governed by your Lease Agreement. We would be happy to meet with you to discuss how you... Read More

NJ Tenants Rights Manual -- Individual Homes or Only Multi-Unit Dwelling?

Answered 11 years and 8 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
Thank you for your question. Your rights and obligations with your landlord will be governed by your Lease Agreement. We can help you sort this out. Please call the office for a no obligation consultation.
Thank you for your question. Your rights and obligations with your landlord will be governed by your Lease Agreement. We can help you sort this... Read More

Incresed rent within lease term from master tenant

Answered 11 years and 8 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
Your obligation to your landlord is usually governed by a Lease agreement. If there is no Lease, then statutory and/or common law principles may govern the situation. We can help you sort this out. Please call our office for a consultation.
Your obligation to your landlord is usually governed by a Lease agreement. If there is no Lease, then statutory and/or common law principles may... Read More

How do I get a tenant off my property?

Answered 11 years and 8 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
A complaint will need to be filed in Landlord Tenant Court for possession based on non-payment if rent. Our office handles these type of matters. Please call the office for an appointment.
A complaint will need to be filed in Landlord Tenant Court for possession based on non-payment if rent. Our office handles these type of matters.... Read More

rental

Answered 11 years and 11 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
Most likely they can require your landlord to evict you. You quite possibly have a claim against the landlord for your damages and costs. You should probably consult with a real estate attorney.
Most likely they can require your landlord to evict you. You quite possibly have a claim against the landlord for your damages and costs. You should... Read More

Late Rent Payment and fees

Answered 12 years and 2 months ago by Lawrence M A Centanni (Unclaimed Profile)   |   1 Answer
Based upon the information you provided, the lease has to expressly provide that as "additional rent"  the tenant is responsible for attorney fees and court costs. If it does not, the landlord is not entitled to it.  In addition, if the landlord does not tell you where the security deposit is located, you are entitled to apply that security deposit to the back rent, and the landlord is not entitled to request additional security. Lastly, if you are successful in a dismisal of the landlord tenant matter, and if you have an attorney, you are entitled to attorney fees (new law that just took effect).  Please contact me if you need assistance in this matter. ... Read More
Based upon the information you provided, the lease has to expressly provide that as "additional rent"  the tenant is responsible for attorney... Read More

Is tenant responsible for putting the orginal color back on the wall.

Answered 12 years and 3 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
The tenant would be responsible for this only if it is written in the lease agreement.
The tenant would be responsible for this only if it is written in the lease agreement.

Time to move furniture in event of death

Answered 12 years and 5 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
The legal issues are covered by the terms of the written lease between the landlord and the tenant and NJ Landlord Tenant Law.  There are several restricitions on what a landlord can and cannot do in this situation.  But they can not lock you out or evict without a court order.  I am happy to help if needed.  I am in landlord tenant court often.  Bill  973-534-5341... Read More
The legal issues are covered by the terms of the written lease between the landlord and the tenant and NJ Landlord Tenant Law.  There are... Read More

How do I get a tenant to pay for damages to my home she still lives here

Answered 12 years and 5 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
You can try to get them to pay but if they won't the only option is to sue in court.
You can try to get them to pay but if they won't the only option is to sue in court.

What is the proper eviction process for an occupied tenant?

Answered 12 years and 5 months ago by Lawrence M A Centanni (Unclaimed Profile)   |   1 Answer
To be removed from a residential apartment, the landlord has to go through the eviction process. Based upon the limited facts provided, the landlord preferably file the proper notices, etc.  In addition, as in many states, if not all, "self help" is frowned upon by the Courts. 
To be removed from a residential apartment, the landlord has to go through the eviction process. Based upon the limited facts provided, the landlord... Read More

can I evict people in my house?

Answered 12 years and 6 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
Have you told them and asked them to leave?  I would start with that.  If they refuse, you have to give them official notice to vacate with at least 30 days notice.  If they still do not leave, you need to file an eviction complaint in landlord/tenant court.  I am available to help if needed.... Read More
Have you told them and asked them to leave?  I would start with that.  If they refuse, you have to give them official notice to vacate with... Read More

How long do you have if you go to court for non payment of rent before being evicted?

Answered 12 years and 6 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
At least 8 days then it depends on how fast the landlord acts.
At least 8 days then it depends on how fast the landlord acts.

New landlord will only give one key to outside door and will charge a fee for a second key Is this within the landlord's right?

Answered 12 years and 6 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer
Yes, thisis perfectly legal unless agreed to otherwise in writing.
Yes, thisis perfectly legal unless agreed to otherwise in writing.

Can I, the landlord, keep a months security since my tentant only gave me 10 days notice about not renewing but said he would renew a few wks ago.

Answered 12 years and 9 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
my office handles Landlord Tenant matters. Generally, security deposit money is not available to a landlord for unpaid rent. We would be happy to schedule a meeting to discuss how we could help you. Please call (722) 651-0040
my office handles Landlord Tenant matters. Generally, security deposit money is not available to a landlord for unpaid rent. We would be happy to... Read More

Can my landlord make me pay fees due to mistakes on his behalf?

Answered 12 years and 11 months ago by Michael J Palumbo (Unclaimed Profile)   |   3 Answers
No.
No.

Can I be locked out of my apartment without an eviction notice?

Answered 12 years and 11 months ago by Jared Altman (Unclaimed Profile)   |   10 Answers
No.
No.

Are we still liable for accidents if we grant our neighbors beach access with our stairs through neighborly accommodation?

Answered 12 years and 11 months ago by Gregory Karl Crain (Unclaimed Profile)   |   10 Answers
Yes.
Yes.

Is it legal to disclose names of people arrears of Homeowner’s Association dues within a condominium to the entire complex?

Answered 12 years and 11 months ago by Gregory Karl Crain (Unclaimed Profile)   |   7 Answers
No.
No.

1. Is it legal for apartment owner to change locks and keep all the belongings inside of the apartment that actually belongs to the deceased?

Answered 12 years and 11 months ago by Michael J Palumbo (Unclaimed Profile)   |   10 Answers
Yes.
Yes.
Landlord and Tenant Law
New Jersey

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