The NJ landlord tenant law was enacted to protect the rights of tenants and landlords and to set obligations for each to one another. The provisions of the New Jersey landlord tenant law conform to general landlord and tenant laws as clarified or amended by the New Jersey Law Revision Commission on February 10, 2012. LandLordStation.com offers information regarding the rights of both parties under this law, but this information should only be considered a brief overview of the main points.
Some of the general provisions of the landlord tenant laws NJ revisions are as follows (this should not be considered a complete list):
- Notices to both the landlord and the tenant must be given by certified or registered mail in order to show proof of service.
- The terms of a Rental Agreement or Lease Agreement must contain the following provisions:
• Rent shall be paid pursuant to the terms of the Lease Agreement.
• The term of the tenancy shall be set in the Lease Agreement. In the absence of a Lease Agreement, tenancy shall be month-to-month.
• The landlord may pay the utilities on the property and the tenant may reimburse the landlord, or the tenant may pay a public utility company by creating an individual account.
• Any security or any other deposit shall be maintained by the landlord, and the amount and specific terms regarding the deposit shall be listed in the Lease Agreement.
There are some prohibited acts listed in NJ landlord tenant laws that are designed to protect both the tenant and the landlord. A few of these acts are listed below (this should not be considered a complete list):
• A tenant may not agree to waive or to forego any of the rights and remedies listed in New Jersey law.
• A tenant may not agree to pay the landlord’s attorney fees unless said fees are ordered by the Court.
• A landlord may not violate a tenant’s right to summon a peace officer or other emergency assistance in response to an emergency on the property.
• A tenant shall not be bound by any provisions of a Lease Agreement containing provisions known by the landlord to be prohibited. Up to 2 months’ rent can be awarded to the tenant in this event.
• A landlord may not knowingly refuse to rent to any person for the reason that the person has a child or children, or advertise any restriction due to the tenant having children. A landlord may refuse to rent a dwelling unit if the number of residents would exceed 2 occupants per bedroom.
• A landlord may not prevent a tenant from terminating a lease early without penalty if the tenant provides written notice that he or she is a victim of domestic violence as defined in New Jersey or Federal law. A tenant must provide the landlord with one of the following: a copy of a protective order issued because of domestic violence, or a copy of a written law enforcement agency investigative report citing one or more instances of domestic violence involving the tenant. If the tenant chooses to stay in the rental unit after domestic violence incidents have occurred, the tenant can require that the landlord install a new lock to the tenant’s dwelling, if the tenant pays for the cost of installing the new lock.
• A tenant is prohibited from moving infested items into the rental dwelling. If the tenant finds infestation upon taking possession of the dwelling, the landlord must pay for fumigation and removal of the bedbug infestation. For multi-family dwellings, the landlord must provide written information regarding bedbugs.
The information provided in this article is meant to give landlords and tenants in the state of New Jersey a better understanding of the NJ landlord tenant law. For additional information regarding this Act or to see a copy of this Act, visit the website of the New Jersey Department of Community Affairs. If you have additional questions, or have a landlord or tenant issue, be sure to consult an attorney for legal advice. All of the laws pertaining to landlords and tenants can change from time to time so be sure you have the latest information.
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