Tenants' Rights & Responsibilities in New Jersey
In New Jersey, tenants have rights that landlords may not violate. This protects them from sudden eviction and from unreasonable provisions in leases. In return, tenants must take proper care of their rental space and pay rent in accordance with the lease. Tenants must learn what their rights and responsibilities are so that an overly controlling or unscrupulous landlord cannot scare them into complying with unreasonable demands.
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Truth in Renting Requirement
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The Truth in Renting Act, first enacted in 1976, requires landlords in New Jersey to inform tenants of their rights and responsibilities. When a tenant signs a new lease, the landlord must provide her with a copy of a statement of the tenant's rights and responsibilities. The landlord must also post a list of rights and responsibilities in a common area of an apartment complex. Landlords who do not comply with this law can be fined up to $100 per violation. Tenants may contact the county Superior Court if their landlords do not follow this law.
Legal Aid
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If a tenant believes her rights have been violated, she may need an attorney's help to sue her landlord. New Jersey provides low cost attorneys to people who might not otherwise be able to afford an attorney's services via Legal Aid. If a tenant's rights are violated, she has the right to attorney representation and should not hesitate to contact Legal Aid.
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Lease Requirements
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Leases may be written or verbal. Written leases are preferable, as having a document to refer to minimizes misunderstandings. Tenants have the right to clear language in written leases; leases may not be written using legal vocabulary that the average person cannot understand without help. Landlords may not change the terms of a lease while it is active; revisions can only occur when drafting a new lease after the current one expires. This is true even if the building changes owners mid-stream. The new landlord must honor all pre-existing lease agreements until their expiration date.
Tenant's Responsibilities Regarding the Lease
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It is the tenant's responsibility to read the lease prior to signing and make sure he understands it. If any requirements are unclear, he should ask the landlord for clarification prior to signing the lease. The tenant should also familiarize himself with standard lease provisions as well as state laws regarding leases. Landlords in New Jersey may not demand provisions that break state laws. If a landlord insists the tenant sign a lease containing illegal provisions, the tenant may sue to have that provision removed.
Pets
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New Jersey landlords have the right to forbid tenants to keep pets. However, state law says that senior citizens living in senior housing must be allowed to keep pets unless the pet can be proven to be a nuisance to other tenants. New Jersey law considers senior citizens to be those over the age of 62 with spouses over the age of 55.
Security Deposits
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Landlords have the right to demand a security deposit prior to allowing tenants to move in to a dwelling. The security deposit must be deposited in a separate bank account from other funds such as rent payments. The tenant has the right to know where her security deposit is deposited; this information should be clearly laid out in the lease. New Jersey law does not allow landlords to use security deposit funds while the tenant is still living in the landlord's property. Tenants have the responsibility of keeping their apartments clean, paying rent according to the terms of the lease and reporting maintenance concerns to the landlord. If they fail to uphold these responsibilities, the landlord may keep the security deposit when the tenant moves out. Tenants have the right to sue if their security deposit is not returned within 30 days; if the court rules that the landlord had no reason to withhold the deposit, the landlord must pay double the deposit to the tenant.
Eviction Rights
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Landlords in New Jersey can only evict tenants for cause; they cannot evict tenants because they dislike them or would rather move someone else in who is willing to pay higher rent. However, if the tenant lives in a building with only two or three apartments and the landlord lives on the premises, the landlord may evict the tenant at the end of a lease period without cause. The landlord must go through the courts to evict a tenant; they cannot change the locks or remove the tenant's belongings without a court order.
Acceptable reasons to evict a tenant include nonpayment or habitual late payment of rent, constant disturbance of other tenants, grossly negligent property damage, violation of the lease terms or other regulations, refusal to sign a revised lease at the end of a lease period, or conviction for illegal activity such as drug activity or assaulting the landlord. The landlord can also choose to stop offering her building or the unit for rent. In many cases, though not all, the tenant has the right to advance written notice or written warnings prior to eviction.
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References
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