New Jersey Landlord-Tenant Laws [2023]: Tenants' Rights and FAQs (2023)

FAQs

What rights do tenants have in New Jersey? ›

Tenant rights grant them the ability to seek housing without any kind of discrimination from their landlord, as well as to ensure habitable housing conditions. New Jersey landlord-tenant law also allows tenants to request property repairs on time.

Painting or other protective coatings are the responsibility of the occupant, not the landlord when required more than once every three years, as a result of acts or omissions of the tenant. (Rental units are not required to be painted between tenants.)

Landlords Must Not Just Let Themselves Into The Property

You might own the land, but you cannot walk into a filled property whenever you like. If the tenants aren't at home, a landlord must agree a time they can enter the property with the incumbent person. Likewise, you cannot demand entry at any point.

A landlord may request entry to a rental unit to perform other services or to show the unit for re- renting or sale. However there is no law that obligates a tenant to allow a landlord access to the rental premises for purposes other than inspection, maintenance and repair.

In most cases, a landlord must give a tenant a written notice to cease, or stop, their disorderly conduct or other violation. The landlord can only move forward with an eviction if the tenant continues the conduct after receiving the notice to stop. See N.J.S.A. 2A:18-61.1 for more information.

A Notice to Quit must be served on the tenant at least three months before filing a suit for eviction. The tenant can't be evicted until relocation assistance is provided.

They shouldn't be able to charge you. If your landlord wants to paint over something they're classing as damage, that's when you might have to pay up.

Lying or intimidating a tenant. Giving a “three-day notice” or other eviction notice that is based on false charges. Using fighting words or threatening bodily harm. Refusing to do repairs that are required by law.

Yes, they can. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof. Simply adjusting the time and date will be enough to gain access to the property.

What rights do long term tenants have? ›

If the tenant has an ongoing contract or agreement with their original landlord, then they retain the right to live in the property when it changes hands. The tenant in situ also has the right to remain in the property until their tenancy reaches its natural end or they are evicted for good cause.

Yes, a landlord can keep your guest from coming to the house or apartment that you rent if that person breaks the rules in the lease or breaks the law.

You do not have to allow viewings if they are not mentioned in your contract. You could say that they must only take place at certain times. If you refuse viewings and your agreement says you must allow access, you might find it difficult to get a reference or have problems with getting your deposit back.

New Jersey has no statewide rent control laws in place. However, cities and counties can enforce their own rent control laws which must be followed if you own a property in one of these areas. Typically local rent control limits rent increases to between 2-6%, though it all depends on the area.

If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.

Tenants have 3 days to vacate the property before they will forcefully be removed. In cases of nonpayment of rent, the tenant is not evicted if they pay all owed rent in full. In cases where a stay of execution or an orderly removal was issued, their move-out period may be extended for 7 days to 6 months.

If the eviction is for nonpayment of rent, however, it can be instituted immediately without any notice to the tenant. The court calendars in most southern New Jersey counties have about a three-week lead time. This means that after you file, you are likely not walking into a courtroom for at least three to four weeks.

Your landlord will have to give you notice if they want you to leave. They have to give the reasons why they want to evict you - for example, if you have rent arrears or you've damaged the property. Your landlord will have to go to court and get a court order.

❏ On the day the tenants move out, landlords should conduct a final inspection. Tasks include: Consult the inventory and record variances or discrepancies. Any missing or damaged items that are not considered as fair “wear and tear” should be deducted from their deposit.

The simple answer is yes, you can sell a property with a tenant still living in it. In fact, most states' laws give tenants the right to remain in a rental property after a sale until the lease or rental agreement expires.

Can I sue my landlord for emotional distress in NJ? ›

Can Tenants Sue Landlords for Emotional Distress? In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm.

Can I sue a negligent landlord? Fortunately, you can, however, you will first need to hire an attorney who is familiar with the personal injury claims process. When you are seeking to hold a landlord responsible for your injuries, you are filing what is known as a premises liability lawsuit.

It says landlords should fix major problems within two weeks if they pose a threat to a tenant's health and security, such as a broken boiler in the depths of winter.

There's no legal timescale for repainting a rental property. However, it's wise to keep your property in good condition, both for the benefit of your current tenants, and to make it easier to attract new ones. Many landlords recommend repainting (or completely redecorating) once every five to six years.

Ultimately, no legal obligation requires the tenant to paint the property, with the consequence that the landlord won't be able to impose it. According to Art. 1590 cod. civ., the tenant, when returning the property, must leave it in a normal state of use and certainly not deteriorated or visibly damaged.

Your landlord can still deduct from your deposit to cover the cleaning bill if the property is not cleaned to its level and can prove it, though. So, it's still important to clean the property thoroughly before you move out.

Retaliation in New Jersey is formally referred to as “reprisal,” and is written into section 2A:42-10.10 through 10.14 of the N.J.S.A. Simply put, the statute prohibits landlords from responding to the tenant's legitimate exercise of a legal right by taking certain adverse actions against the tenant.

When attempting to prove harassment, the accuser has to provide evidence that there was intent to harass or “they had the purpose to harass another”. Proving intent to harass can be very difficult, even with physical evidence of documented repeated phone calls or text messages.

Under the “New Jersey Safe Housing Act,” a tenant may terminate a lease prior to its expiration if the tenant provides written notice that the tenant or a child of the tenant faces an imminent threat of serious physical harm from another person if the tenant remains on the premises, and provides appropriate ...

Your landlord can enter your rental unit for these reasons: To respond to an emergency that threatens life or property. To make repairs or alterations that are necessary or that you have agreed to. To show the place to potential buyers, tenants, or repair workers.

How many times can a landlord visit? ›

While there is no landlord handbook, inspecting a property every month is excessive. In some cases, this could be deemed as harassment – especially if there is no valid reason to conduct an inspection. In the case of new tenants, it's a good idea to visit the property three months into the tenancy.

Landlords are obligated to provide tenants with at least 24 hours' notice before entering the property and visits must only be made at reasonable times of day.

Ideally, tenants should be present at the check-out inspection to ensure that your views about the contents, condition and cleanliness of the property at the tenancy end are taken into account.

The right to be protected from unfair rent and unfair eviction. The right to have a written agreement if you have a fixed-term tenancy of more than three years. As of 1 June 2019, to not have to pay certain fees when setting up a new tenancy under the Tenant Fees Act (commonly referred to as the Tenant Fee Ban).

This is usually between six and 12 months. If you don't renew the agreement and your tenant stays on, the tenancy arrangement becomes something called a 'periodic tenancy'. Essentially, this changes the contract from a fixed term to a rolling monthly agreement.

After expiry of the statutory limitation period, there cannot be any cause of action and the adverse possessor acquires the right, title and interest of the original owner(s) of the property. He/she becomes entitled to deal with the said property in the way he/ she likes or desires.

Tenants may have overnight guests but, legally, the guest doesn't have the right to be there for longer than laid out in your tenancy agreement – most landlords specify no longer than 7-14 days. At this point, guests are considered illegal occupiers or even sub-letters, depending on the situation.

Landlords are only entitled to enter a given residential unit only if the tenant gives them consent to do so (or if a court orders such entry) — fortunately, however, a tenant may be required to give a landlord consent to enter in certain circumstances. Let's run through some of the basics.

🔹 Can you blacklist a tenant who has vacated? Yes, you can blacklist a tenant for an agreement that has ended. But make sure that you do not blacklist for prescribed debt which is debt older than 3 years.

This request may be without any illicit intent; however, a landlord must obtain the consent of the tenant prior to taking and using images of the tenanted rental unit so to protect the privacy of the tenant.

Can they take photos during a house inspection? ›

Tenants have the right to private enjoyment of the property they are renting. The landlord or their representative are entitled to inspect the property at regular intervals, however the tenant can object to photographs being taken which include their personal belongings, photographs or items that could identify them.

Applying to challenge your rent increase

If you and your landlord can't agree on your rent increase you can ask a tribunal to decide for you - it's free to apply. You'll need to apply before the date your rent increase is due to start - you can find this on your section 13 notice.

Rent Control

The State of New Jersey does not have a law governing rent increases. However, municipalities within the State may adopt ordinances regulating the amount and frequency of rent increases within their specific municipality.

New Jersey is not landlord-friendly because laws favor tenants. Many cities have rent control policies, there are limits on rent increases, and the eviction process can be slow. Read more of our state landlord tenant law guides here.

You absolutely cannot evict your roommate, as you are not your roommate's “landlord.” What if there's no lease? If there is no lease in place, you are not a “landlord” under New Jersey law. As such, you cannot evict your roommate.

Your right to quiet enjoyment

You have this right even if you never had a written agreement, or if your fixed term assured shorthold tenancy has ended. It could breach your right to quiet enjoyment if your landlord: comes into your home without permission. refuses to carry out repairs or safety checks.

A rule of thumb is that a rental property should be repainted each 7 to 10 years.

The State of New Jersey does not have a law governing rent increases. However, municipalities within the State may adopt ordinances regulating the amount and frequency of rent increases within their specific municipality. A municipality's ordinance may not cover all rental units.

Essentially, a squatter, after residing on a property for some time, can claim ownership of it. Based on NJ Rev Stat § 2A:14-30 to 32 (2016), a squatter must be on a residential property for 30 years of continuous occupation to claim adverse possession. That time becomes 60 years if the location is a woodland area.

Even if you do not currently hold a lease, by law the landlord is responsible for keeping the rental space secure and livable. This means the landlord must ensure that the property is pest free, structurally sound, and includes basic utilities.

Can a landlord kick you out? ›

Your landlord will have to give you notice if they want you to leave. They have to give the reasons why they want to evict you - for example, if you have rent arrears or you've damaged the property. Your landlord will have to go to court and get a court order.

Examples of unfair terms in tenancy agreements

require the payment of rent even if the property becomes uninhabitable, for example destroyed by fire. force the tenant to pay the landlord's costs in a court case which the landlord has lost and the tenant has won. unreasonably restrict the tenant's right to assign.