Tenants' Rights in the State of New Jersey
When renting an apartment or home in New Jersey, it is important to know your rights as a tenant. New Jersey has a number of laws that help protect tenants' safety and finances. If you are educated about your rights and responsibilities as a renter, it can help manage or even deter conflict with your landlord in the future. Be sure to read your lease very carefully before signing, and ask questions when you do not understand a provision.
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Security Deposit
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Most leases require tenants to provide a security deposit before moving in to cover the landlord's expenses if you, as a tenant, fail to follow the lease contract, including failure to pay rent and damages to the rental property other than daily wear and tear. In New Jersey, the maximum security deposit a landlord can request is 1 1/2 times your monthly rent. It is also required that the landlord place the security deposit in an interest-bearing account, and inform you of the bank in which the money is being held. Once you vacate your apartment and end the lease, the landlord is required to return your security deposit, plus any earned interest, within 30 days after you move out. If the landlord subtracts any expenses for damages or late charges, he or she must send you an itemized list of the deductions by certified or registered mail.
A Safe Place to Live
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As a renter in New Jersey, you have a right to safe and decent housing. A landlord must ensure that your rental unit is up to all housing and property maintenance codes, has an adequate amount of heat between October and May, is free of lead poisoning risks, and has window guards available upon request. Additionally, the landlord is responsible to respond to your requests for repairs in a timely manner. If the landlord is not responsive, a tenant has the right to call the local housing inspector or use the rent to make repairs that affect the renters' health and well-being.
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Rent Increases
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Landlords in New Jersey are not able to change the terms of your monthly rent before the end of your lease term. With the exception of rent controlled properties, a landlord can propose a new lease with increased rent, in writing, at least one month before your current lease expires. If the proposed increase seems "unconscionable," you have a right to challenge it in court, and the landlord will have to prove there is a very good reason (such as home improvements or repairs), and that the rent is comparable to other rental properties.
Ending or Breaking a Lease
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Many leases stipulate that tenants and landlords must give adequate notice if they plan not to renew the lease before it expires. For example, most yearly leases need at least 30 days notice if you do not plan to renew. If you move out before the end of a lease, the landlord may hold you to your monthly rent payments through the end of your signed contract. Be sure to communicate openly and regularly with your landlord if you plan to break your lease early.
Evictions
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Per New Jersey law, you cannot be evicted from your rented home simply because your lease ends. Landlords can only evict your from your home for cause, meaning you have violated one or more of the 18 causes listed in the state Anti-Eviction Act, and the landlord has evidence to prove it. These causes include failure to pay rent, damage to the rental property, violation of the lease, continued late rental payments, conviction of certain serious crimes (drugs, assault, theft) and threatening or harming the landlord.
Discrimination
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The New Jersey Law Against Discrimination states that a landlord cannot discriminate or refuse housing to an individual based on "race, creed, color, national origin, ancestry, sex, marital status, domestic partnership status, familial status, affectional or sexual orientation, mental and physical disability, nationality, or source of lawful income," according to the New Jersey Department of Community Affairs. Any and all instances of such discrimination should be reported to the New Jersey Department of Law and Public Safety, Division on Civil Rights. Appropriate field office listings can be found here: www.state.nj.us/lps/dcr/localcontact.html.
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