Tenants Rights
Tenants Rights
Legal Services of New Jersey makes this publication available for use by people who cannot afford legal advice or
representation. It may not be sold or used commercially by others. You may copy this publication for personal or
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Jersey and the date the materials were produced.
The information in this manual is accurate as of April 2014, but laws often change. Please check our
website, www.lsnjlaw.org, for updates to this manual or talk to a lawyer for up-to-date legal advice.
Tenants Rights
in New Jersey
A legal
manual for
tenants in
New Jersey
Written and published by
Legal Services of New Jersey
2014 Legal Services of New Jersey
Table of Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Chapter 1: Know Your Rights . . . . . . . . . . . . . . . . . . . . . . 3
Do I need a lawyer? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Finding a lawyer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Representing yourself . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Finding the law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Getting the assistance of a librarian. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Finding landlord-tenant laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Finding new or recent laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Finding regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Finding case law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
Finding local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Federal law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Tenants associations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
The importance of local tenants associations . . . . . . . . . . . . . . . . . . . . . 6
Chapter 4: Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
What is a lease? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Common lease terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
The term of the lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
The rent payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
The security deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Late charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Attorneys fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18
Rules and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Accepting rules and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Care of the property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Notice of repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
Orderly conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Pets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Controlling pets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Pets in public and elderly housing . . . . . . . . . . . . . . . . . . . . . . . . . 20
Entering the tenants dwelling unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
When can a landlord enter?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
What if the landlord wont stay out?. . . . . . . . . . . . . . . . . . . . . . . . 22
Maintaining order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Renewal of the lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22
Changes in the lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
ii
iii
iv
vi
vii
Introduction
Introduction
LEGAL SERVICES OF NEW JERSEY (LSNJ) coordinates the statewide Legal Services
system in New Jersey, providing free legal assistance to low-income people in civil
matters. Part of Legal Services mission is to make people more aware of their legal
rights and provide helpful information if they choose to pursue a legal case on their
own. Awareness may allow you to resolve some problems on your own, without the
need for a lawyer, or to make better use of a lawyer if you have one.
Acknowledgments
This edition of Tenants Rights in New Jersey was revised by LSNJ vice presidents
Connie Pascale and Harris David. It is based on several prior editions written by
Felipe Chavana, David G. Sciarra, Harris David, and Connie Pascale. Susan Perger,
LSNJ director of publications and web operations, was responsible for editing, design, layout, and production. Special thanks to Tricia Simpson-Curtin, writer/editor
for her help with editing and proofing.
Introduction
Comments or suggestions
We hope that this manual will be helpful to you. Please let us know if you have
comments or suggestions that we might use in future editions. You can write to us or
e-mail us at:
Legal Services of New Jersey
P.O. Box 1357
Edison, NJ 08818-1357
[email protected]
Melville D. Miller, Jr., President
Legal Services of New Jersey
Edison, New Jersey
Chapter 1
sponsibilities are stated in many different laws. This manual explains those laws and
explains your rights and responsibilities as a tenant.
Read this manual carefully. Knowledge is the key to your rights! You cant protect
yourself if you dont know what your legal rights are.
This chapter discusses times when you might need a lawyer, how to find one, and
how to find the law if you have to represent yourself. It also explains the benefits of
joining a tenants association.
Do I need a lawyer?
This manual gives information about landlord and tenant law. It cannot answer
every question and it does not provide specific advice about a particular legal problem
that you may have. It is not a substitute for a lawyer.
The information in this manual will help you protect your rights as a tenant. If
you know your rights and responsibilities, you can avoid legal problems. You can also
be better able to assert your rights with your landlord on your own, and defend yourself in court, if necessary.
Knowledge of your rights will also make you better prepared if you have to see a
lawyer. If youre not sure whether you need a lawyer, by all means talk to one.
If you have to go to court, try to get a lawyer to represent you. You may find it difficult to follow the law or deal with the landlord, especially if the landlord has a lawyer. You may also find that properly preparing your case to follow the law may be
difficult. If you lose your case and want to appeal, you will need a lawyer to help you.
Finding a lawyer
If you need the advice of a lawyer but cannot afford one, you may be eligible for
Legal Services. Contact the Legal Services program in your area. You can find a list of
programs and telephone numbers on the last page of this manual.
Legal Services of New Jersey (LSNJ) coordinates the statewide Legal Services system in New Jersey, providing free legal assistance to low-income people in civil matters. This includes disputes involving landlords and
tenants. Part of Legal Services mission is to make people more aware of their legal rights. Awareness allows
people to resolve some problems on their own, without the need for lawyers. Informed people also are able
to make better use of lawyers when they are needed.
You also may contact LSNJs statewide, toll-free legal
hotline, LSNJLAWSM. Apply online at
www.lsnjlawhotline.org or call 1-888-LSNJ-LAW
(1-888-576-5529). The hotline provides information,
2014 Legal Services of New Jersey
advice, and referrals to low-income New Jersey residents who have civil legal problems.
This service is provided at no charge to applicants who are financially eligible.
If you dont qualify for Legal Services, contact your local lawyer referral service.
You can get the telephone number for the lawyer referral service in your area by contacting your county bar association.
There may also be a tenants association in your building or complex or other tenant groups in your city or town. These groups can help you find a lawyer and may
know of lawyers who represent tenants at a reduced cost. Tenants associations are
discussed later in this chapter.
Representing yourself
If you cant find or afford a lawyer, you can always represent yourself. In legal
terms, this is called appearing in court pro se. If you read it carefully, this manual will
help you prepare your case if you have to go to court by yourself. Take notes on what
you read, and review your notes before you go to court. Be prepared!
The Supreme Court of New Jersey is very concerned that tenants who represent
themselves are treated fairly. The Court has implemented procedures to assure that
this occurs, and that tenants understand their rights. Cite: Community Realty Management v. Harris, 155 N.J. 212 (1998). These procedures are described in more detail in
Chapter 12 on page 76.
Tenants associations
Tenants associations are groups of tenants in a single building or in a town that
work to improve the conditions in rental housing. Tenants associations also work to
protect and increase the legal rights of tenants. The New Jersey Tenants Organization (NJTO) works to improve state laws affecting tenants rights. In fact, most of the
New Jersey laws protecting tenants were passed as a result of the efforts of NJTO
and other tenant organizations.
Chapter2
Finding a Place to Rent and
Moving In
NEW JERSEY HAS A serious shortage of safe, decent, and affordable rental housing.
This housing is especially scarce for tenants who receive public assistance, such as
disability, old age benefits, or welfare. For low-income people and families, affordable rental housing in good condition can be hard to find.
Moving in
Moving in marks the real beginning of your relationship with your landlord. This
is the moment at which you first occupy your rental unit. This is a good time to
make sure the apartment or house is safe and in good condition and, if it is not, to
make an agreement with the landlord to make any necessary repairs.
The condition of the apartment when you move in is also important when you
move out. Some landlords try to blame tenants for damages that were there when the
tenant moved in. This will allow the landlord to keep all or part of your security deposit if he can show that you damaged the apartment. There are steps you can take to
get the landlord to repair anything that is broken when you move in and to keep the
landlord from blaming you for the damage later on.
FloorsLook for rotten wood, loose tiles, splinters, water stains, and
cigarette burns.
ElectricityMake sure that the light switches and fixtures work. Take a
lamp and try all of the outlets, and look for hanging or open wires. It is
sometimes not possible to check the working condition of electrical switches
and outlets because the power may have been shut off in the apartment.
HeatTurn on the heating system and make sure that it works properly,
even if you rent in the summer.
BasementLook for rat holes, dirt, trash, leaks, loose wires, broken
windows, crumbling walls, and termites.
Smoke detectorsCheck for installation and make sure they work
properly.
DoorsCheck for dead-bolt locks and peepholes on the entrance door.
PaintLook in all rooms to make sure paint is fresh; check for dangerous,
chipping lead paint. (See Lead paint and lead poisoning on page 30.)
After you have checked each of these items, make a list of what is broken or in
poor condition. Ask the landlord or superintendent to sign the list. If they refuse, get
one of your friends or neighbors to sign and date it. It is a very good idea to take pictures. You can also talk to other tenants who already live there. For example, if you
are renting in the summer, they can tell you if theres enough heat in the winter.
10
Chapter3
Security Deposits
Changes to the Law Give Tenants
More Protection
The Rent Security Deposit Act
MOST AGREEMENTS TO RENT housing, or leases, require you to pay the first
months rent before you move in. Most leases also require you to pay a security deposit. The New Jersey security deposit law, the Rent Security Deposit Act, specifies
how a landlord must collect, maintain, and return a security deposit. Cite: N.J.S.A.
46:8-19. Under this law, a security deposit is money that belongs to the tenant but is
held by the landlord in trust. A security deposit is made to protect the landlord
against the tenants failure to follow his or her responsibilities as stated in the lease.
This includes nonpayment of rent, or damage done to the apartment by the tenant,
other than ordinary wear and tear. Read your lease carefully before you sign it. The
lease should state clearly where the landlord will hold your security deposit and under what conditions it will be returned to you when you move out. The security deposit law now says that a landlord cant take any money from the tenants
securityfor repairs, rent due, or anything elsewhile the tenant still lives in the
apartment or house.
The Rent Security Deposit Act applies to all rental units, including tenant-occupied, single-family homes. The only exception is for rental units in owner-occupied
buildings that have no more than two units other than the owner-landlords unit.
However, the law does apply even to tenants in these small, owner-occupied buildings if the tenant sends a 30-day written notice to the landlord stating that he or she
wants the landlord to comply with the laws provisions.
11
Security Deposits
Also, make sure that your written lease states that you have paid a security deposit
and includes the amount of the deposit.
12
Security Deposits
If you have a written lease, read it carefully. Landlords will often put the
name and address of the bank where your security is deposited, along with
the other information required by law, right in the lease. This is sufficient
notice under the law.
Even if the landlord sends you the notice within 30 days, the landlord still
violates the law if the notice is not true. If you receive the notice, call the
bank to find out if the money has been deposited. If the money was not
deposited, you can tell the landlord in writing to use the security deposit to
pay your rent just the same as if the landlord had not sent you a notice at all.
Cite: Princeton Hill Associates v. Lynch, 241 N.J. Super. 363 (App. Div. 1990).
13
Security Deposits
or certified mail, and the landlord must return to you any money left over from your
security deposit. Cite: N.J.S.A. 46:8-21.1.
The landlord can only charge you for property damage that is more than ordinary
wear and tear. Ordinary wear and tear means damage that takes place from the normal,
careful use of the property. Examples of normal wear and tear are faded paint on the
walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky
faucets or radiators. Examples of damages that might not be ordinary wear and tear
are large holes in the walls caused by nailing up decorations, cigarette burns on floors,
or a broken mirror on the bathroom cabinet.
Landlords cannot charge cleaning fees to tenants who leave their apartments
broom clean. Landlords often try to deduct such fees, as well as fees for painting.
There are steps you can take to prevent a landlord from charging you for ordinary
wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note
stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take
photographs, and sign and date them. If you have a friend do this, make sure the
friend can go to court with you if necessary. If you end up in court, the judge will not
accept a letter from your friend as evidence.
Security Deposits
law says that the landlord not only has to give the deposit back to you, but he or she
may also have to pay the agency a penalty of between $500 and $2,000. The law says
the Attorney General, the Department of Community Affairs, or some other state
agency can sue to help you get your deposit back and
to collect the penalty. Cite: N.J.S.A. 46:8-21.1; P.L.
2007, c. 9.
15
Chapter4
Leases
What is a lease?
A LEASE IS A CONTRACT (agreement) between a landlord and a tenant for the rental
of an apartment or house. A lease can be an oral (spoken) agreement or it can be in
writing. Most leases in New Jersey, whether oral or written, are not the result of bargaining between the landlord and the tenantthe landlord knows that there is more
demand for rental housing than there are units to rent, so the landlord can set the
lease terms. The person who wants to rent the apartment must then accept the lease
as offered by the landlord.
Sometimes, landlords will try to include unreasonable or unfair terms in the lease.
For example, a lease may require a tenant to get the landlords permission to have
overnight guests or visitors. This rule is unreasonable. A tenant has the right to have
friends or relatives visit for a few days without getting permission from the landlord.
In New Jersey, every lease must be written in plain language. This means that
the lease must be written in a simple, clear, understandable, and easily readable
way. Cite: N.J.S.A. 56:12-2.
Before signing a written lease, read it carefully. Do not sign a lease with blank spaces.
Make sure that the terms in the items in the lease are the same as those you and the
landlord agreed to when you discussed renting the unit. If you do not understand
something in the lease, dont sign it. Tell the landlord you first want to take it to a
friend or lawyer who will help you to understand it. If you do sign a lease, be sure
you get a copy. This will prevent the landlord from making changes afterward.
If your lease is spoken, make sure you discuss with your landlord all of the responsibilities you have and all of the responsibilities the landlord has. It is important that you
understand what you must do before you make a final agreement with the landlord.
Leases
Always get a
signed receipt
from your landlord for each rent
payment, even
when you pay by
money order.
Late charges
Many leases require a late charge if the rent is not paid by a certain date of the
month. This charge is supposed to cover the money lost by the landlord as a result of
the late payment. Courts will enforce late charges if they are reasonable and spelled
out in writing in the lease. The landlord cannot evict based upon nonpayment of late
charges unless there is an agreement stating that late charges are to be considered part
of the rent. Cite: 447 Associates v. Miranda, 115 N.J. 522 (1989). In Section 8 housing, a landlord cannot sue to evict for nonpayment of late charges whether they are
called rent or not. See Community Realty Management Company v. Harris, 155 N.J. 212
(1998). Similarly, a public housing authority cannot evict for nonpayment of late
charges even if they are called rent. Cite: Housing Authority of the City of Atlantic City v.
Taylor, 171 N.J. 580 (2002); Hodges v. Feinstein, 189 N.J. 210 (2007).
Late charges are also not allowed if the tenant did not pay the rent on time because
the landlord failed to make needed repairs. Under the Anti-Eviction Act, a tenant
who repeatedly pays rent after its due date can be sued for eviction provided that the
landlord gives the tenant proper notices. See Chapter 9, The Causes for Eviction, on
page 56. In addition, there is a new law that states when rent must be paid and when
landlords can charge a late fee. This statute does not apply to all tenants. It applies
17
Leases
only to apartments rented by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions, or other government pensions in the place of
Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income (SSI), or welfare benefits under Work First
New Jersey. Cite: N.J.S.A. 2A: 42-6.1 and 6.3.
The law states that a landlord must allow a tenant a period of five business grace
days to pay the rent. If a tenant pays the rent in the five-day period, the landlord may
not charge a late fee. In counting the five business days, do not include Saturday,
Sunday, or a national or state holiday.
If the landlord knows, or should know, that your monthly income regularly does
not arrive by a certain day, he should pick a later date that is fair to both of you.
Attorneys fees
Some leases require a tenant to pay the landlords attorneys fee if the landlord has
to use a lawyer to take the tenant to court. If your lease has such a term, and the landlord takes you to court for eviction and wins the case, you will be responsible for paying a reasonable fee for the landlords attorney. Cite: Community Realty Management
v. Harris, 155 N.J. 212 (1998); University Court v. Mahasin, 166 N.J. Super. 551 (App.
Div. 1979).
Sometimes a landlord will demand attorneys fees in an eviction action and seek to
evict if the tenant cannot pay them. However, in order to do this:
There must be a written lease, and
The lease must state that attorneys fees are additional rent or collectible
as rent.
If there is no written lease that describes attorneys fees as rent, you cannot be
evicted for failing to pay attorneys fees. Cite: Community Realty Management v. Harris,
155 N.J. 212 (1998).
However, even if there is such a lease provision, the law may limit the amount of
your rent due, and the landlord may not be able to evict you for failure to pay attorneys fees. For example, a public housing authority cannot evict a tenant for nonpayment of attorneys fees, even if the lease calls the attorneys fees additional rent. Cite:
Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Hodges v.
Feinstein, 189 N.J. 210 (2007). If you live in other housing that receives federal assistance, such as Section 8 housing, you should also argue that the amount of your rent
is only what the housing agency handling your Section 8 says it isthat is, it is only
the rent amount stated in your lease. Also, if you live under rent control, you should
argue that the rent control ordinance limits your rent, and that adding in attorneys
fees as extra or additional rent would exceed the rent control limits. Cite: Housing
Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Community Realty
Management Inc. v. Harris, 155 N.J. 212 (1998); Ivy Hill Park Apartments v. Sidisin, 258
N.J. Super. 19 (App. Div. 1992).
In an eviction case, if the judge finds that you are responsible for paying a reasonable fee for the landlords attorney, you can be evicted if you do not pay that amount
on the day of the hearing. Sometimes a landlord will ask a judge to evict a tenant even
though the tenant paid the rent owed before the court date, but failed to include the
18
Leases
attorneys fees with the rent payment. If the landlord tries to do this, the tenant
should argue that the landlord, by accepting rent, gave up or waived the right to
evict for not paying attorneys fees. Cite: Carteret Properties v. Variety Donuts, Inc., 49
N.J. 116 (1967). However, it is up to the court to decide whether in fact the landlord
did give this up. Therefore, it is always important to go to court unless the tenant obtains a statement in writing that the landlord is dismissing the case. Also see Waiver
the landlord knew about it but continued the tenancy on page 71.
Notice of repairs
Most leases state that the tenant is responsible for Most leases state
giving the landlord prompt notice of any repairs that
need to be made to the property. Tenants have a legal that the tenant is
responsibility to notify the landlord of needed repairs, even if there is no written lease. There are sev- responsible for
eral reasons why you should promptly report any
giving the landlord
defect, particularly such problems as water leaks.
These problems can cause additional damage if they prompt notice of
are not corrected right away. By giving notice of such
any repairs that
problems, you can also avoid any attempt by the
landlord to claim that you must pay for the addineed to be made.
tional damage. You can also avoid giving the landlord
a claim against all or part of your security deposit. You should make sure that, when
possible, you give notice in writing, keeping a copy for your records.
19
Leases
Orderly conduct
Under any lease, whether written or spoken, you cannot interfere with the rights
of other tenants. This means that you and your family members, guests, and pets
cannot act in ways that disturb the peace and quiet of other tenants and neighbors.
Under the Anti-Eviction Act, you can be evicted for being disorderly, making too
much noise, and disturbing other tenants.
Pets
A written lease usually will state whether the tenant
is allowed to have a pet. If your landlord says that its
okay to have a pet, make sure that you get his or her
permission in writing. Many landlords do not permit
pets, and the lease will have a no pets clause in it.
What happens if a tenant has a pet but the property
is sold to a new owner-landlord who wants to prohibit
pets? When the tenants lease expires, the new landlord
might try to offer the tenant a new lease with a no pets
clause. The law now prohibits a new owner-landlord
from forcing tenants to give up pets that they were alIf your landlord says that its okay lowed to have by the previous owner. If a tenant has a
to have a pet, make sure that you pet because the old landlord gave permission for the
get permission in writing.
pet, the new landlord must allow the tenant to keep the
pet. However, the new landlord can prohibit new tenants from having pets and can
try to force an existing tenant to get rid of any pet that is causing problems for other
tenants. Cite: Royal Associates v. Concannon, 200 N.J. Super. 84 (App. Div. 1985) and
Young v. Savinon, 201 N.J. Super. 1 (App. Div. 1985).
Controlling pets. If you are allowed to have a pet, you must maintain control
over it. If you allow your pet to damage the property or interfere with the rights of
other tenants, your landlord can demand that you control your pet or remove the animal from the building. Your failure to control your pet also could lead to your eviction under the Anti-Eviction Act.
Pets in public and elderly housing. TThere are special rules regarding pets for
senior citizens who live in rental housing for the elderly. A New Jersey law allows all
residents of senior citizen housing projects to have pets. Cite: N.J.S.A. 2A-42-104.
Federal law also allows the elderly and disabled to own and keep common household
pets in federally assisted elderly rental housing. Cite: 12 U.S.C. 1701n-1. In addition, all tenants of public housing have the right to have one or more pets as long as
their owners meet reasonable conditions established by the housing authority. Cite:
42 U.S.C. 1437z-2. New Jersey law also gives residents of all senior citizen projects
the right to have pets. Cite: N.J.S.A. 2A:42-103. This law applies to buildings containing three apartments or more, condominium projects, and cooperative buildings,
as long as all of the apartments are for senior citizens. A senior citizen is defined as a
person 62 years of age or older and includes the surviving spouse of a senior as long
as he or she is at least 55 years old.
20
Leases
Under the law, the landlord cannot refuse to renew a tenants lease because the
tenant owns a pet. The landlord can make reasonable rules concerning the care and
control of pets by tenants and can require a tenant to give away any offspring that the
tenants pet has, within eight weeks of their birth. The landlord cannot require that
the pet be spayed or neutered.
The law also allows a landlord to demand that a tenant get rid of a pet if:
The tenant does not follow the reasonable rules adopted by the landlord, and
this causes a violation of any health or building code.
The tenant does not take good care of the pet.
The tenant does not control the pet, such as keeping a dog on a leash when
taking the animal out for a walk.
The tenant does not clean up the pets waste when asked to do so by the
landlord.
The tenant does not keep his or her pet from making waste on the sidewalks,
doorways, hallways, or other common areas in and around the complex.
21
Leases
Maintaining order
A lease requires the landlord to make sure that each tenant respects the rights of other tenants. If one tenant is disturbing the
other tenants by playing loud music at night or destroying the
property, it is the landlords responsibility to make that tenant
stop. Cite: Gottdiener v. Mailhot, 179 N.J. Super. 286 (App. Div.
1981). But in order for the landlord to be held responsible for any
damages suffered by the tenants, one of the tenants must tell the
landlord about the situation. Cite: Williams v. Gorman, 214 N.J.
Super. 517 (App. Div. 1986), cert. denied, 107 N.J. 111 (1987).
Leases
23
Chapter5
Ending or Breaking
Your Lease
ALL LEASES, WHETHER WRITTEN or oral, last only for a specific period of time,
such as one month or one year. This chapter explains three things about ending or
breaking leases. First, it explains how to end a lease so that you can move out when
the lease period is up. Second, it explains the legal consequences of breaking your
lease before your lease ends and when you can move because the landlord refuses to
repair serious defects in your rental unit. Third, it discusses what happens to a lease
when the tenant dies.
NOTE! Before you end or break a lease, you must understand a basic rule about
landlord-tenant law in New Jersey. Because of the Anti-Eviction Act, you cannot be
evicted simply because your lease ends. As explained in Chapter 9, The Causes for
Eviction, on page 56, a tenant can only be evicted if the landlord can prove one of the
good causes for eviction under the law. The ending or expiration of a lease is not a
good cause for eviction. This means that, however long your lease, you do not have
to move just because your lease has ended. It also means that, unless you or the landlord end your lease, all yearly leases and month-to-month leases automatically renew
themselves. The only exception to this rule is if you live in a building with only two
or three apartments and the landlord lives in one of the apartments.
24
To end a lease, either the tenant or the landlord must give the other a written notice before
the end of the lease, stating that the lease will not
be renewed. If this written notice is not given or
is not given in the required time, then the lease
will renew itself automatically, at least on a
month-to-month basis, generally with the same
terms and conditions. Cite: N.J.S.A. 46:8-10.
Ending a yearly lease. To end a yearly lease,
unless the lease says otherwise, you must give
the landlord a written notice at least one full month before the end of the lease. The
notice must tell the landlord that you are moving out when the lease ends. Also, unless the lease says otherwise, the landlord must give you at least one full months notice before the end of the lease to terminate a yearly lease so that the landlord can
raise the rent or change other terms of the lease. Remember, you cannot be evicted
just because the landlord ends your lease.
For example, if your yearly lease ends on June 30, you have to give the landlord a
written notice before June 1 that you plan to terminate the lease on June 30. Failure
to give the proper notice may result in the automatic creation of a month-to-month
tenancy. In that case, you may be responsible for at least an additional months rent.
In this example, your failure to give notice may allow the landlord to charge you for
Julys rent and to subtract it from your security deposit.
If your lease or a notice from your landlord says that you must either sign a new
lease by a certain date or else move out by the date your present lease expires, your
failure to renew your lease will put the landlord on notice that you intend to move
out at the end of the lease period. If you object to changes in the lease, let the landlord know. Lease changes must be reasonable. See Chapter 9, The Causes for Eviction,
on page 56. If you then choose not to move out, you will become a month-to-month
tenant. Cite: Kroll Realty v. Fuentes, 163 N.J. Super. 23 (App. Div. 1978) and
Lowenstein v. Murray, 229 N.J. Super. 616 (Law Div. 1988). You will, however, be
subject to eviction for refusing to sign a new lease.
Ending a month-to-month lease. To end a month-to-month lease, or any rental
agreement that does not have a specific lease term, you must give a written
one-month notice before the month starts. You can then move out at the end of the
month. Cite: S. D. G. v. Inventory Control Co., 178, N.J. Super. 411 (App. Div. 1981);
Harry's Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982).
For example, say that you have a month-to-month lease, your
rent is due the first of every month, and you want to move on
June 30. You have to give the landlord a written notice before
June 1 saying that you will be moving out as of June 30, and you
will end your lease at that time.
25
rent for the months left on the lease, the landlord must prove that he or she tried to
find another tenant but could not. The landlord must show, for example, that he or
she immediately began advertising the apartment and interviewing tenants. Cite:
Sommer v. Kridel, 74 N.J. 446 (1977).
Give advance notice to the landlord. Notify your landlord in writing as soon as
you know that you will be moving out before the end of your lease term. Try to get
your landlords written permission to break the lease. If your landlord refuses to give
you permission and you know of people who are interested in your apartment, send
their names in a letter to your landlord.
When your moving date arrives, remove all of your property from the unit and
turn in the keys promptly to the landlord or superintendent. Try to have the landlord
or superintendent sign a receipt for the keys, or take a friend to witness your surrender of the keys. After you move, check to see when your former apartment becomes
occupied and at what rent.
You do not have to leave a forwarding address when you move. But if you
want your security deposit back, you may have to give your old landlord your new
address.
What if you decide not to move? Tenants sometimes notify the landlord that
they are moving because they have found another apartment that is more affordable
or in better condition. What can you do if the new apartment becomes unavailable or
some other problem comes up that makes the move impossible? If this happens, you
do not have to move out just because you gave notice. There may be other financial
consequences, however. If you are concerned, you should contact Legal Services or
your state or local tenants association. However, your landlord cant evict you simply
because you did not leave when you said you would. Cite: Chapman Mobile Homes v.
Huston, 226 N.J. Super. 405 (1988).
Claims for rent. Another important rule of New Jersey landlord-tenant law is
that a landlord cannot collect rent or any money from you in a lawsuit to evict you
under the Anti-Eviction Act. A successful suit for eviction can only give the landlord
possession of the rental property. It cannot be combined with a claim for money. In
order to sue you for rent because you broke your lease, or for damage to the apartment, the landlord must file a separate complaint for money damages, usually in
Small Claims Court.
27
The lease may not survive the tenants death. If the person who signed the
lease dies, a recent court decision says that the remaining members of the tenant
household may not be protected by the Anti-Eviction Act. Cite: Maglies v. Estate of
Guy, 386 N.J. Super. 449 (App. Div. 2006). This case was appealed to the New Jersey
Supreme Court, which, at press time, had not yet made its decision. Check our
website, www.LSNJLAW.org, for updates on this issue.
Tenant illness or accident. Any lease for one or more years may be ended before
it expires if the tenant or the tenants spouse becomes disabled due to an illness or accident. In such a case, the tenant or spouse must notify the landlord on a disability
form available from the New Jersey Department of Community Affairs. Call
1-609-633-6606 to request a copy. The form requires (1) a certification of a treating
doctor that the tenant or spouse is unable to continue to work; (2) proof of loss of income; and (3) proof that any pension, insurance, or other assistance to which the tenant or spouse is entitled is not enough to pay the rent, even when added with other
income. The lease termination becomes effective 40 days after the landlord receives
the written notice. The property must also be vacated and possession returned to the
landlord at least five days before the 40th day. Cite: N.J.S.A. 46:8-9.1.
28
Chapter6
Your Right to Safe and
Decent Housing
TENANTS FREQUENTLY COMPLAIN THAT their landlord will not repair such
things as windows, locks, toilets, faucets, and heating systems when these break from
normal wear and tear. Tenants also complain that their landlords do not do routine
maintenance, such as pest extermination. You have a right as a tenant to live in housing that is safe, clean, and decent. This chapter explains this right and the laws that
place a duty upon your landlord to maintain your rental unit in good condition. This
chapter also explains the different steps you can take to have your landlord make
needed repairs and do routine maintenance.
There are several different laws that require landlords to maintain tenant-occupied
rental property in safe and decent condition.
29
This code has detailed and specific rules that cover everything, including locks,
window screens, ventilation, pests, plumbing, painting, garbage, living space, and so
on. You can find these regulations in your courthouse library or public library, or you
can call the Department of Community Affairs, Bureau of Housing Inspection, in
Trenton at (609) 633-6210 to purchase a copy.
Heat requirements
If your lease requires the landlord to provide heat, the landlord must give you
the amount of heat required by the state codes and the local town or city ordinance.
Under the state housing codes, from October 1 to May 1, the landlord must provide
enough heat so that the temperature in the apartment is at least 68 degrees from
6 a.m. to 11 p.m. Between the hours of 11 p.m. and 6 a.m., the temperature in the
apartment must be at least 65 degrees. Cite: N.J.A.C. 5:10-14 et seq. and N.J.A.C.
5:28-1.12(m). Local health codes cover parts of the year not covered by housing codes.
The housing inspector or board of health in your town enforces the heat requirements in the state and local codes. Larger cities have special no-heat hotlines that are
set up especially to handle complaints. The inspector can file a complaint in court on
your behalf, or you can file your own complaint. The landlord must then appear in
court and explain why he or she is not providing heat. The court can impose stiff
penalties, including fines or jail sentences.
30
31
The local health department must investigate violations of lead paint laws and
force the landlord to remove lead paint. If anyone in your family is tested and has a
high level of lead in their blood, you should call the health department and ask them
to inspect your home immediately.
If the health department finds that a child under age 6 has a high blood lead level,
then the health department will test the inside of the home for lead. If there is no lead
hazard inside the home, the outside of the building will be tested. If no lead hazard is
found on the inside or outside walls, the local health department will test the surrounding dirt. When there is a lead hazard identified, the health department must order the owner of the building to remove the lead hazard. To correct the problem, the
owner can cover the surface with hard material or remove the lead paint and repaint
with non-lead paint. In some circumstances, tenants will be placed in another location at the owners expense while the owner corrects the lead hazards in the rental
unit.
The health department will give tenants or occupants a copy of its notice to the
owner so that they know what the health department has ordered the owner to do.
Window guards
Landlords of multiple dwelling units are required, at the tenants written request,
to install and maintain window guards in the public halls and in the apartment of any
tenant who has a child 10 years old or younger who lives in the apartment or who is
regularly present in the apartment for a substantial amount of time. Cite: N.J.S.A.
55:13A-7.13. The law requires landlords to give tenants an annual notice that tells
tenants that they can make a written request to have window guards installed. This
notice must also be contained in the lease. The cost of installing window guards may
be passed on to the tenants, but landlords are not allowed to charge more than $20
per window guard. Note that window guards are not required on any first-floor windows or on any windows that give access to a fire escape. Owner-occupied buildings
and some other buildings, such as seasonal rentals, are also exempt from this requirement. Cite: N.J.S.A. 55:13A7.13b. Please note that units used by migrant or seasonal
workers in connection with any work or place where work is being performed are
32
not considered seasonal rentals. These landlords are also required to inform tenants
and install window guards in compliance with the law. Cite: N.J.S.A. 55: 13A7.13b(2). If you have small children and have not been notified about window
guards, you may want to talk to a lawyer to find out if you are covered by this law.
33
does the inspection so that you can point out all of the problems. Ask for the inspectors name, and ask him or her to send you a copy of the report.
If the needed repairs present a sanitation problem, such as a sewage leak, call the
city or county board of health. Ask for an inspector to check the condition. When the
inspector comes, get his or her name.
If the inspector finds code violations, he or she will send a letter to the landlord
listing the code violations. This letter will advise the landlord that a reinspection to
check whether the repairs have been made will take place on a certain date.
Some housing and health code inspectors do not send the tenant a copy of the inspection reports or inform the tenant of the results of the inspection. As a tenant in
the property, you have a right to receive a copy of these reports, and you should make
sure to ask that copies of all reports be sent to you.
Reinspecting a housing unit. If your housing unit fails inspection, it must be reinspected by the housing or health code inspector. You might find that a reinspection
does not take place. If this happens, you should call the inspector and inform him or
her that the landlord has not made the required repairs.
If, on reinspection, the inspector finds that the landlord has not made the repairs,
another inspection will be scheduled. If violations are still not corrected, the building
inspector should then give a summons to the landlord to appear in municipal court.
If found guilty, the landlord can be fined.
Enforcement of housing and health codes is not always taken seriously by local government officials. Few landlords are brought to municipal court for violations of the
property maintenance code, and even fewer are ever fined in court. Tenants must aggressively insist that inspections and reinspections be done thoroughly and in a timely
manner and that inspectors take landlords who dont comply with the code to court.
Condemning or closing a building. The housing and property maintenance
codes allow inspectors to declare a house or apartment building unfit for human
habitation if there are serious defects in the rental unit or building. These defects
must pose a threat to the health and safety of the tenants. A collapse in the structure
of a building or an absence of heat or hot water are the types of situations that may
warrant declaring a building unfit. By declaring
the building unfit, the inspector can order you to
leave your rental unit and close the building.
There have been cases where an inspector has
condemned a building even though the defective
conditions were not serious enough to force tenants to leave the building. For example, a landlord
seeking to convert a building into condominiums
could get the tenants out of the building with the
inspectors help, thereby avoiding the requirements of the condominium conversion laws.
Inspectors can declare a house or apartCite: 49 Prospect Street v. Sheva Gardens, 227 N.J.
ment building unfit for human habitaSuper. 449 (App. Div. 1988). If you suspect that
tion if there are serious defects in the
rental unit or building.
the housing inspector or your landlord is trying
34
to illegally force you out of your home, you should get advice from a lawyer. (See
Finding a lawyer on page 3.)
If the building inspector tells you in writing to move because the building has
been declared unfit, you might be entitled to relocation assistance from the local government. Relocation assistance includes help in finding a new place to live, moving
expenses, and up to $4,000 in assistance towards buying or renting a house or apartment. Cite: N.J.S.A. 52:31B-1 et seq. and N.J.S.A. 20:4-1 et seq. (See Relocation assistance
on page 82.)
Using the board of health to get heat. Many local boards of health have the
power to make repairs to heating systems so that you can receive heat. Your local
government must have enacted an ordinance that gives the board of health this
power. Even with an ordinance, the board of health can act only if the temperature
outdoors is below 55 degrees. To get action, you must call the board of health and tell
them that you tried to get the landlord to fix the heat. The board will then wait 24
hours before they have someone make the repairs. Cite: N.J.S.A. 26:3-31(p) and
Jones v. Buford, 71 N.J. 433 (1976).
What if the heating oil runs out? Some New Jersey cities have programs to
provide an emergency delivery of oil, at government expense, when tenants have no
heat because the landlord did not buy oil. The city then collects the money directly
from the landlord. Check with your local government to find out about such
programs.
35
of the toilet repair is $50. When the rent is due the next
month, you give the landlord the rent money, minus
the $50 for the repair, instead of the full amount of the
rent. You give the landlord a copy of the plumbers bill
and keep the original copy for yourself.
In an emergency situation, if you cant reach the
landlord in person or by telephone, you can have the
repairs made and then tell the landlord.
The use of repair and deduct sometimes leads to disputes between the landlord and tenant. A landlord may
try to hold you responsible for the full rent even if you
used the rent to repair a serious defect. In this situation,
To use repair and deduct, the
the landlord may try to evict you in court for nonpayconditions that are in need of
repair must be serious enough to ment of rent. If you show the judge a copy of the letter
affect the tenants health or well- you sent asking the landlord to make the repair and a
being.
copy of the repair receipt, the judge should not hold
you responsible for the full rent. However, the judge may not agree with you, and
may hold you responsible for the full rent. Therefore, you should try to take the entire amount of rent with you to court.
Withholding rent
Where a landlord simply refuses to make needed repairs, tenants often have little
choice but to stop paying rent. This is called withholding the rent if it involves one tenant. If some or all of the tenants in one building or complex withhold rent as a group,
it is called a rent strike. By withholding rent, tenants put pressure on the landlord to
make repairs, and they avoid paying for services they are not receiving. Withholding
rent is perfectly legal and often can be the only way to force the landlord to make
necessary repairs.
How to start withholding rent. There are two steps you must take if you decide
to withhold rent to force the landlord to make repairs:
1. You must send a letter to the landlord explaining what conditions
must be corrected. The letter should explain that you will stop
paying rent if the repairs are not done right away, and that you will
not pay more rent until all of the repairs are completed. You should
also explain that, once the repairs are completed, you will pay a
reduced rent from the time the repairs were needed until the time
the repairs are completed. The letter should be sent by certified
mail, return receipt requested, and you must keep a copy of the
letter since you may need it later in court.
2. You must save the rent you withhold each month and put it in a
safe place. A bank account is a good place to deposit the rent each
month because you will earn interest on the money. Saving the rent
is the most important thing you can do. You are withholding rent,
not spending it on something else!
36
37
It is important that you use rent withholding only if the problems in your house or
apartment are serious and only after you have given the landlord notice. At a rent
abatement hearing, the judge could also decide that the conditions are not bad
enough to justify your actions and require that you pay all of the withheld rent. If this
happens, you may be responsible for paying court costs, late charges, and the cost of
the landlords attorneys fee. (See Chapter 10, Defenses to Eviction, on page 65.)
Settlement in court. In court, you may reach a settlement with the landlord before going to trial. If the landlord agrees to make the repairs, put this in the settlement agreement. If the landlord later does not make the repairs as promised, you can
sue to enforce the agreement.
Tenants joining in a rent strike. A rent strike is rent withholding by some or all
of the tenants with the same landlord. A rent strike increases the pressure on the
landlord because, as more tenants withhold rent, the landlord will have less money
coming in. Working as a group, tenants also stand a better chance in court. It will be
harder for the landlord to convince the judge that any one tenant is somehow responsible for the defective conditions or for the landlord to deny that the defects exist. Instead, each tenant will be able to back up what each other says in court. Tenants
who act together greatly improve their chances of getting the court to put pressure on
the landlord through a large abatement.
As more tenants join in the rent strike, the housing and health code inspectors will
be more likely to put more pressure on the landlord to make repairs. Working together also increases the possibility that the tenants can hire a lawyer. With a lawyer,
you may have a better chance of getting the judge to order repairs or appoint a receiver. A rent strike is often the best way to force a resistant landlord to deal with
poor housing conditions.
Rent receivership
The law also allows tenants to file a petition with the court to appoint a receiver to
run the building or complex. The petition, which must be filed in Superior Court,
asks the judge to name someone other than the landlord to collect all of the tenants
rent payments and to use the money to make repairs to the building. The person who
38
is named by the court to collect rents and order repairs is The law also
called a rent receiver. Cite: N.J.S.A. 2A:42-85.
allows tenants
A judge will usually consider granting the petition
when the landlord has a history of refusing to correct
to file a petition
conditions that deprive the tenants of heat, water, electricity, or other essential services. A rent receiver is usually
with the court
appointed by the judge only when repair and deduct, rent
to appoint a
withholding, and other attempts to have repairs made
have failed.
receiver to run
The following example shows how this law works.
the building or
The elevator in a five-story building breaks down. The
landlord is notified in writing but does not respond. The
complex.
cost of fixing an elevator or replacing it can be several
thousand dollars. If only one tenant withholds rent, it
will take years to raise the money. Under the receivership law, one tenant can ask the
court to order all of the other tenants in the building to pay the rent to the court or to
a bonded receiver. The receiver can then use the rent from all of the tenants to fix the
elevator.
Petitioning for a rent receiver requires the help of an attorney. Keep in mind that,
if the landlord is trying to evict you because you withheld rent due to very bad conditions in your building, the judge, on his or her own, can begin the process of having a
receiver appointed. You may want to ask the judge about this during a rent abatement
hearing if your landlord is completely uncooperative and the conditions in your
building are serious. Cite: Drew v. Pullen, 172 N.J. Super. 570 (App. Div. 1980).
39
Chapter7
Rent Increases
Your rights when your rent is increased
TENANTS OFTEN ASK IF they have any rights when the landlord asks for a rent increase, especially if their landlord has raised the rent in the past and the tenant is at
the point where he or she can no longer afford to pay any more. The answer to this
question is yes. As this chapter explains, landlords can only increase the rent if they
follow the correct procedure to end the lease at the old rent and create a new lease at
the increased rent. A landlord also cannot ask for a rent increase that is unconscionable. If the tenant lives in a community with rent control, the rent increase cannot exceed the amount allowed under the rent control ordinance.
40
Rent Increases
you decide to sign the lease and stay on as a tenant, you must pay the rent increase.
Cite: Harrys Village, Inc. v. Egg Harbor Tp., 89 N.J. 576 (1982).
Any notice of a rent increase that is not in writing and is not divided into two
parts(1) ending the old lease and (2) beginning a new lease at a higher rentis not
legal, and you do not have to pay the increase.
41
Rent Increases
and increasing your rent is proper, then you can defend against the increase in court
by arguing that the increase is unconscionable.
Burden of proof. If the landlord takes you to court, it will be up to the judge to
decide if the increase is unconscionable and if you have to pay the increase or be
evicted. The burden of proof is on the landlord to show that the rent increase is fair
and not unconscionable. Cite: Fromet Properties, Inc. v. Buel, 294 N.J. Super. 601 (App.
Div. 1996). If the landlord is not prepared to prove that the increase is fair when the
matter is scheduled for trial, the court can grant an adjournment (postponement) in
the interest of justice.
In eviction cases, tenants are not allowed to examine the landlords books or
documents before the trial. Problems will arise if a landlord comes to court with
detailed records that a tenant has never seen and may want to challenge. If this
happens, the tenant should ask for an adjournment in order to have time to review
the landlords documents. In a complicated case, the tenant may also ask the court to
transfer the matter to a different courtthe Law Division of the Superior Courtin
order to review the landlords records and challenge them through legal procedures
such as discovery.
What does the landlord have to prove? The judge should require the landlord
to show that the large increase sought is justified because his expenses are more than
his rental income, or that he is making an insufficient profit. Other factors that the
court may look at in deciding whether a rent increase is fair and not unconscionable
are:
The amount of the proposed rent increase.
How the existing and proposed rents compare to rents charged at similar
rental properties in the same geographic area.
The relative bargaining position of the partieswho has the most power in
determining what should be a fair rental.
Based on the courts general knowledge, whether or not the proposed rent
increase would shock the conscience of a reasonable person. Cite: Fromet
Properties, Inc. v. Buel, 294 N.J. Super. 601 (App. Div. 1996). There also may
be other factors that courts will examine.
For example, if a landlord claims heavy expenses due to repairs, the landlord
should be required to show that improvements were made to the rental units or the
building and that these improvements mean better living conditions for tenants. Also,
if a landlord spends a lot of money to make a major repair that will last for many
yearssuch as replacing the entire roof of the building or buying all new refrigeratorsthe tenants should not have to pay the entire cost of the repair in a single rent
increase. The increase should be spread out over the life of the repair. (For example,
if a landlord spends $15,000 to replace a roof, and the new roof will last 15 years, the
rent increase passed on to all the tenants should only be for $1,000 total, since the
tenants will be paying that amount each year for the next 15 years.)
A landlord should not be allowed to charge tenants for improvements that the
landlord had to make to bring the building into compliance with housing and health
codes. Tenants have a right to safe and decent housing and should not be penalized
42
Rent Increases
A landlord should
not be allowed to
charge tenants for
improvements
that he or she had
to make to bring
the building into
compliance with
housing and
health codes.
Rent increases are also limited to the amounts allowed under a local rent control ordinance if the
community has adopted rent control and the rental unit is covered by rent control.
More than 100 cities and townships in New Jersey have passed rent control ordinances. To find out if your city or township has rent control and if it covers your
unit, you should call your city or township hall. If there is rent control where you
live, they will put you in touch with the person in charge of rent control cases. You
can then ask for information about your situation and for a copy of the citys or
towns rent control ordinance. The ordinance will state how much and how often
your rent can be raised.
There are two types of rent increases allowed by most rent control ordinances.
First, the ordinances allow landlords to automatically increase the rent by a certain
percentage each year. This is called the annual increase. Second, the ordinances allow
landlords to apply to the rent control board for an increase above the annual amount.
This is called a hardship increase.
Hardship increases. Rent control ordinances allow landlords to apply to the rent
control board for a hardship increase. A hardship increase is an additional increase,
beyond the regular annual increase, if the landlord is not making a fair rate of return or fair return. However, courts have said that towns can limit the landlords
profits to amounts that are fair even if the profits are less than the landlord wants, or
less than the landlord could get by investing money elsewhere.
Most rent control ordinances use a formula to determine fair return. These formulas vary. Some fair return formulas are easier to understand than others, and some
are more fair to tenants. Check your rent control ordinance for the fair return formula used in your community.
Tenants must be notified if the landlord applies for a hardship increase. The rent
control board will then hold a public hearing on the landlords request and, after the
hearing, make a decision on the request. The rent control hearing gives tenants a
chance to contest the rent increase sought in the application.
43
Rent Increases
If you receive notice that your landlord is applying for a hardship increase, there
are several steps you can take. You should immediately contact your rent control
board and ask them for (1) a copy of the ordinance, (2) a copy of the landlords application for a hardship increase, and (3) information on when the hearing on the hardship increase will be held by the rent control board. Many ordinances also provide
tenants with the right to look at all of the landlords books and records. You may also
want to seek the advice of an attorney and get any help you can from the tenants organization in your building, complex, or community.
Challenging a hardship increase. At the hearing on a request for a hardship increase, the landlord will try to show why he or she should get the increase, and you
have the chance to argue against the increase. To defeat the hardship application, you
must show that the landlord should not recover some of the costs being claimed.
This means that you must carefully go through the hardship application and examine
each item to make sure that it is fair and reasonable. You should also make sure that
the landlord is properly reporting all of his income. For example, you should challenge any cost the landlord is not entitled to recover under the ordinance, or any cost
that appears inflated or false, or any cost that is unreasonable or too high, such as the
cost of bank financing.
Your aim is to convince the rent control board that the landlord is not suffering
hardship and that he or she should not get all or part of the requested increase. The
rent boards decision can be appealed to the Superior Court, Law Division.
Illegal rents under rent control. If you find out that your rent is higher than the
legal rent set by the rent control ordinance, you should contact your rent control
board. You can file a complaint with the rent control board to get the rent lowered to
the correct amount and to recover the amount of illegal rent you paid. Contact your
regional Legal Services program, a private attorney, or your local tenants organization
for help. You can also get your overpayment back by taking it out of future rent payments. Cite: Chau v. Cardillo, 250 N.J. Super. 378 (App. Div. 1990).
Rent increases due to condo or co-op conversions. Landlords may not be allowed to include in a hardship increase any costs that result from a planned conversion of the building to a condominium or cooperative. For example, one court has
ruled that where a building had its property taxes doubled when it was converted into
a cooperative, the rent control board was justified in not allowing the increase. The
court also ruled that the Anti-Eviction Act requires that tenants who choose not to
buy ownership in a condo or co-op be protected against conversion-related rent increases. Cite: Litt v. Rutherford Rent Board, 196 N.J. Super. 456 (Law Div. 1984).
44
Chapter8
The Nuts and Bolts of
Fighting Evictions
The tenants right to court process
IN NEW JERSEY, THE only way a tenant can be evicted or removed from his or her
rental unit is if a Superior Court judge orders the eviction. An order for eviction can
come only after the landlord has sued the tenant for eviction in the Superior Court
and won. There is no other way that you can be evicted from your home or apartment. This means that you do not have to move out simply because the landlord tells
you to or threatens to evict you if you dont leave.
This chapter explains the legal eviction process. It starts by explaining the law that
protects you from removal by the landlord without being taken to court first. Chapter 11, Removals, Stays, and Vacating Judgments, on page 72, explains what should happen if you lose your case in court and the judge enters an eviction order against you.
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or a crime. The police often say that they only deal with crimes, even if they know
that what the landlord is doing is wrong.
The New Jersey Tenants Organization (NJTO) had been trying for many years to
solve this problem. They finally succeeded. On January 12, 2006, the law was
changed. (See P.L. 2005, c. 319.) Illegal evictions are now a disorderly persons offense,
and the new law is in the criminal part of the law books. The police now know that
they must help tenants who are being illegally evicted by their landlords.
Here are some of the things the new law does. Cite: N.J.S.A. 2C:33-11.1.
The new law requires the police or any other public officials who find out
about an illegal self-help eviction to warn the landlord or his workers to
stop. If the landlord does not stop, then the landlord has broken the law. If
the police arrive after the landlord has already locked the tenant out, the police
must tell the landlord to let the tenant go back in. If the landlord refuses,
then the landlord has broken the law.
The police must make sure that tenants who are illegally evicted get back into
their home or apartment. If the landlord tries to keep the tenants from going
back in, the police must stop the landlord. The police must also give the
landlord a summons to go to court, or even arrest the landlord if he refuses
to let the tenant go back in.
The new law says that a landlord who tries to get a tenant out by doing any
one of the following things is breaking the law. These things are now
disorderly persons offenses: (1) The landlord uses violence or threats of
violence to get the tenants out; or (2) the landlord says or does other things
to try to scare the tenants into leaving; or (3) the landlord takes the tenants
property and puts it outside; or (4) the tenant lets the landlord in peacefully,
and then the landlord forces the tenant out; or (5) the landlord padlocks the
door or changes the locks; or (6) the landlord shuts off the electricity or gas,
or has them shut off, in order to make the tenant leave; or (7) the landlord
tries anything else to get the tenant out.
The only way the landlord can evict the tenant is if a special court officer with a legal
court order called a warrant for removal comes out himself and does the eviction. And
even before the special court officer can do the eviction, he must give a copy
of the warrant for removal to the tenant (or leave a copy on the tenants door)
at least three days before coming out to do the actual eviction. The new law says
that the warrant for removal must tell the tenant many things, including that
self-help evictions by landlords are now disorderly persons offenses. The
warrant must also let the tenants know the earliest day on which the special
court officer can come back to do the eviction.
The new law says that if a special court officer does do a legal eviction, he or
she must fill out a new form called an execution of warrant for possession.
The new form must say when the legal eviction took place, and give the
name, signature, and position of the special court officer who did the
eviction. The special court officer is required to immediately give a copy of this new form
to both the landlord and tenant (or a member of the tenants family), and also to
post it on the door of the dwelling unit.
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This last part is very important. It makes the job of the police officer who
is called by a frightened tenant very easy. If the landlord does not have a copy of a
valid execution of warrant filled out by a special court officer, then the landlord is doing
an illegal eviction. The police officer must tell him to stop trying to evict the
tenant. If the landlord does not stop, then the police officer must stop the
landlord and charge him with a disorderly persons offense. The police officer
must also protect the tenant and see that the tenant gets back into the home.
The new law says that the Attorney General of New Jersey must make sure
that all state and local police officers, prosecutors, and public officials know
about the new law. Each police officer must be given a form that describes
the new law and the police officers responsibilities to enforce it. Police
officers must also be given special training to make sure they know what they
have to do to stop illegal evictions.
The new law also says that tenants who are legally evicted commit an offense
if they intentionally damage or destroy the landlords property. Cite: N.J.S.A.
2C:17-3(a)(2). In addition to criminal penalties, convicted tenants can be
required to pay the landlord for the damage.
Holding your property for rent. It is also against the law for a landlord to hold
or take your clothing or furniture to force you to pay rent. This is called a distraint and
it is illegal, even if you owe rent to the landlord. Cite: N.J.S.A. 2A:33-1.
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If you live in a hotel or motel, it will help if you can show that the owner agreed,
or should have known, that you were not just a short-term guest, or that the owner
did or said things that made you believe that you were a tenant. You may need the
help of a private attorney or Legal Services if you find yourself in this situation.
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stop the conduct and avoid eviction. A tenant must know exactly why the landlord is
terminating the tenancy so that a tenant can know how to prepare for the trial.
Landlords must strictly comply with notice requirements and, if they do not, the
eviction action should be dismissed. Cite: Carteret Properties v. Variety Donuts, Inc., 49
N.J. 116 (1967); Housing Authority of the City of Newark v. Raindrop, 287 N.J. Super.
222 (App. Div. 1996); Bayside Condo, Inc. v. Mahoney, 254 N.J. Super. 323 (App. Div.
1992). Please see Chapter 9, The Causes for Eviction, on page 56 for the causes for eviction and the notices that are required for each cause. See also Failure to follow federal
notice requirements and procedures on page 67.
No notices needed for nonpayment of rent. The most common cause for eviction is nonpayment of rent. For this cause, and only for this cause, the landlord does
not have to send you any advance notice before filing
a complaint for eviction in court. This means that if
For nonpayment
you fail to pay rent, the landlord can go directly to
of rent, the landcourt and you may not get any warning from the
landlord before receiving the court summons and
lord does not have
complaint. You do have to receive advance notice before the landlord can take you to court for not paying to send you any
an increase in rent. Chapter 7, Rent Increases, on page
advance notice
40, explains the proper form for this notice.
However, if you live in public or federally subsidized housing, you may be entitled to certain notices before filing a
before the landlord files an eviction action for noncomplaint for
payment of rent. A public housing authority must
give a tenant 14 days notice. There are many types of eviction in court.
federally subsidized housing, and the requirements
for the notices are different for each. Tenants facing eviction from such housing
should contact an attorney to see if the proper notices have been given.
Notice to cease and notice to quit. If you dont owe rent but the landlord is
trying to evict you for one of the other causes under the Anti-Eviction Act, the landlord must give you certain written notices before taking you to court. For some
causes, you must be given a notice to cease first, then a notice to quit. For other
causes, you must be given only a notice to quit.
Notice to cease. A notice to cease is a notice or letter telling you to stop certain
conduct that is not allowed under your lease or under the Anti-Eviction Act. The notice must tell you exactly what conduct the landlord is complaining about. Cite:
Carteret Properties v. Variety Donuts, 49 N.J. 116 (1967). The notice must also tell you
that if you stop the wrong conduct, you wont be evicted. If you stop the conduct that
is described in the notice, the landlord cannot evict you. Cite: A.P. Development Corp.
v. Band, 113 N.J. 485 (1988) and RWB Newton Assoc. v. Gunn, 224 N.J. Super. 704
(App. Div. 1988).
A notice to cease is not required for every cause for eviction. A notice to cease is
necessary only if you are charged with being disorderly, breaking rules and regulations, breaking an agreement in the lease, or paying rent late.
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Notice to quit and demand for possession. A notice to quit is a notice or letter
from the landlord that terminates your tenancy and tells you to move out by a certain
date because you have engaged in certain conduct that is not allowed under your
lease or under the Anti-Eviction Act. For those eviction causes that also require a notice to cease, the notice to quit also will tell you that since you have ignored the notice to cease, you must move out by a certain date. The notice must tell you
specifically what it is that you have done wrong. For causes that do not require the
landlord to give you a notice to cease, this is the first and only notice you will get before the landlord can file an eviction suit.
Service of the notice to quit. A notice to quit must either be:
Given to you directly;
Left at your house, apartment, or mobile home with someone who is at least
14 years old; or
Sent by certified mail.
The notice can be sent by regular and certified mail at the same time. If you dont
pick up the certified mail and the regular mail isnt returned to the landlord, the
court will presume that you have been served. Cite: N.J.S.A. 2A:18-61.2.
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Going to court
The date, time, and place of the court hearing in your
case are listed on the summons. You must appear in
court at the right date and time if you want to defend
against the eviction, or try to get more time to pay rent or
move out. The first thing that will happen in court is that
the judge will call the list, or call out the names of the
landlord and tenant in each case. It is important that you
be present to answer when the judge calls your name and
case. If you do not answer, the judge will enter a default
judgment against you. This means that the landlord has
the right to evict you just because you failed to appear.
There is no other penalty for not showing up.
If the landlord does not answer, the case should be
dismissed. You should stay in court, however, until you
Landlord-tenant cases are
are given permission to leave by the judge or another court heard in the Superior Court,
Special Civil Part.
official.
If you have already moved out by the court date, it is a good idea to show up in
court and ask the judge to dismiss the complaint because you are no longer living
there. If you cannot do this, you should write to or call the court.
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Knowing what is going on. At the very beginning of the court session, the judge
will read a set of instructions to all people in the courtroom. (These instructions
should also be available in written form in the courtroom. If you cannot find a copy,
ask a court official where they are located.) The judge should also give his oral and
written instructions in Spanish. In addition, there may be a videotape explaining
court procedures. It is important to listen carefully to what the judge is saying and to
read the instructions. If you do not understand what is happening, or if you are not
sure what you are doing, you should ask the judge to explain matters to you. The Supreme Court of New Jersey is very concerned that tenants who appear in court to
represent themselves be aware of their rights and treated fairly. Cite: Community
Realty Management Company v. Harris, 155 N.J. 212 (1998).
Postponing your court hearing. You should call the Clerk of the Superior
Court, Special Civil Part, or the judges office, if for some reason you cant make it to
court on the day of your case. You should explain why you need a new court date and
ask for a postponement. You should also call the landlord or the landlords attorney and
ask the landlord to agree to postpone the hearing. You should try to ask for an adjournment at least five days before the court date. Notify the landlord that you are asking
for an adjournment. If you do not ask five days in advance, the request may not be allowed unless you can show exceptional circumstances. Last-minute requests for
postponements are usually not allowed.
If an emergency such as illness or a car breakdown prevents you from going to
court, you should call the court and ask for a postponement, even if it is the morning
of the court hearing.
Please be aware that, in some counties, postponements are rarely given. In those
counties, the landlord has to agree and there has to be a very good reason to get your
hearing postponed.
Settling your case with the landlord. You can always settle your case with your
landlord, even after you receive a summons and complaint, and until the judge actually begins a hearing in your case. If you reach an agreement to settle your case, get
the agreement in writing and be sure that you and
If you reach an
your landlord fully understand the terms of the
You should only make an agreement
agreement before agreement.
with your landlord if the agreement is both fair and
realistic. An agreement that you cannot keep will
the court date,
only lead to your eviction at a later time.
be sure that the
Be careful if you settle your case before the court
hearing. If you reach an agreement before the court
landlord agrees
date, be sure that the landlord agrees to dismiss the
complaint or officially end the case against you. This
to dismiss the
requires the landlord to notify the court clerk. You
complaint or
should also check with the court clerk yourself to
make sure that the complaint has been dismissed.
officially end the
In settling a case, try to get the landlord to agree
case against you. to terms that will help you. For example, try to get
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the landlord to agree to make repairs in your apartment and list those repairs in writing in the settlement agreement.
What should you do if you reach an agreement with the landlord on the day you
have to go to court? To dismiss the complaint on the court day, the landlord has to
tell the judge directly. This means that you should wait until the landlord tells the
judge that the case has been settled. It is important that, no matter when you settle
the case, the court is notified by the landlord that the case has been ended.
There have been situations where a landlord tells the tenant that the case is settled
and that the court case will be dropped. The tenant then does not show up in court.
The landlord then will go before the judge and get an eviction order for the absent
tenant. Remember: Always go to court on the date listed on the summons.
Some settlements are agreements that a judgment for possession will enter. This
settlement gives the landlord the right to evict the tenant. Other settlements state that
the tenant can stay if the tenant lives up to all of the terms of the agreement. This
type of settlement will usually state that if the tenant does not live up to all of the
terms of the agreement, the landlord has the right to evict.
Some settlements have to be approved by the court in the courtroom. Other settlements can be approved by the judge at a later time. For more information on settlements, see Chapter 12, Court Rules to Help Tenants, on page 76.
Mediation
In most courts, mediation is required in eviction cases. This means that, before a
judge will hear an eviction case, you and your landlord must first meet with a law
clerk, other court workers, and even other attorneys, to see if the case can be settled.
These people are called mediators. A mediator is not supposed to take sides. The mediators job is to help you and your landlord find a way to reach an agreement without
having to go to trial.
In mediation, for example, if you dont have all of the rent you owe, you may be
able to get your landlord to agree to allow you to pay part of the back rent each
month until the whole amount is paid. If the landlord agrees to this, the mediator
will usually write down the agreement and give each of you a copy. As long as you
keep your part of the agreement, the landlord cant evict you without first starting a
new case and proving to the court that he or she has the right to evict you. If you
dont live up to your agreement, your landlord can evict you right away.
You are not required to reach an agreement in mediation. You do not have to accept the mediators suggestions. You always have the right to go before the judge and
have the judge decide your case.
A mediator should not offer you any confusing legal advice, especially if you dont
have a lawyer or if you are not sure of your legal rights. A mediator is not a judge. If
you are pressured by a mediator, ask to end the mediation.
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ready to defend yourself against the cause or causes for eviction that are listed by your
landlord in the complaint.
The common defenses to eviction are explained in more detail in Chapter 10,
Defenses to Eviction, on page 65.
NOTE! These defenses could include, for example, showing that the landlord has not
sent you the proper notice to cease or notice to quit, or showing that the conduct that the
landlord is complaining about did not happen.
Whatever defenses you use, you must be prepared to
Whatever
present proof (evidence) to back up your defense. This
evidence can include written documents, photographs,
defenses you
and the testimony of witnesses. You must take with you
use, you must to court any and all evidence you think you need for your
defense. Examples of the types of evidence that may be
be prepared to used include the following:
of your apartment;
present proof Photos
Receipts for rent or repairs and canceled checks;
Inspection reports (the court may require the
(evidence) to
inspector to come to court and may not consider
back up your
reports without the inspector being there); and
A copy of your lease and letters to the landlord.
defense.
Any witnesses whom you call to testify on your behalf
must be present in court on the day of the hearing. The court will not accept a letter
from your witness. You will also testify on your own behalf, so it is important for you
to practice your testimonywhat you are going to say to the judgebefore you go to
court.
The hearing
A hearing is the time when the judge listens to witnesses and reads documents about
your case. The judge hears from the landlord and the landlords witnesses first. At this
point, the landlord may introduce or give the judge written letters or documents to
prove his case. You have the right to examine the documents to make sure that the documents are what the landlord says they are. After the landlord and his or her witnesses
have testified to the judge, you can ask them questions about what they have said. You
should not be afraid to ask any questions you have. You do not tell your side of the story at this
time. You only ask questions. Your landlord or his or her witnesses may not be able to
answer your questions or may say something that will help your case.
The judge will hear from you and your witnesses next. This is when you will get a
chance to tell the judge your story and explain why the landlord should not be able to
evict you. It is also your time to give the judge any letters, reports, photographs, or
receipts that support your side of the argument. You can be questioned by the landlord or his or her lawyer. You can then present any other witnesses or evidence you
think is important to your defense. For example, if your defense is that your apartment is uninhabitable because of the conditions, you should request that the housing
inspector who inspected your apartment appear as a witness, and that he or she bring
the inspection records. Note: If the inspector will not appear voluntarily, you will
54
have to subpoena the head of the inspection department. Ask the clerk of the court or
a Legal Services office for a subpoena form and instructions on how to issue it.
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Chapter9
The Causes for Eviction
Eviction only for cause
EVICTION FOR CAUSE IS a basic rule of landlord-tenant law in New Jersey. This
means that tenants can be evicted only under one of the causes or grounds for eviction listed in the Anti-Eviction Act. Cite: N.J.S.A. 2A:18-61.1. There are 18 different
causes for eviction under the Anti-Eviction Act. No tenant can be evicted unless the
landlord can establish one of these grounds. The law covers tenants in all types of
rental property: a single-family house, an apartment building or complex, or a mobile
home. The causes for eviction in the Anti-Eviction Act are listed below.
56
57
Comments:
The tenants conduct that causes the damage must be intentional or
grossly negligent. (You cant be evicted because of damage caused by a
simple accident on your part.)
58
59
Comments:
Housing or health code violations must be substantial, and the landlord
must be financially unable to make repairs.
In most cases, the tenant cannot be evicted until relocation assistance is
provided. See Relocation assistance on page 82, which explains the
Relocation Support Program and how to apply for relocation assistance.
The state must report to the court whether repairs can be made with
tenants present for reason g.(2) above.
60
61
The buyer or owner must intend to live in the house or apartment and
not convert it to commercial use. Cite: Aquino Colonial Funeral Home v.
Pittari, 245 N.J. Super. 585 (App. Div. 1991).
63
related activity is a juvenile who has been found delinquent for the offense
of use or possession.
The tenant being evicted for letting an offender live in the apartment
must know that the person has been engaging in drug-related activity. If
not, the tenant cannot be evicted. Cite: Housing Authority of the City of
Hoboken v. Alicea, 297 N.J. Super. 310 (App. Div. 1997); Housing Authority
of the City of Jersey City v. Thomas, 318 N.J. Super. 191 (App. Div. 1999).
However, if the tenant lives in subsidized housingeven if it is privately
ownedthe landlord may be able to evict the tenant even if the tenant did
not know. But the landlord must have a good reason for evicting an
innocent tenant in this situation. Cite: Oakwood Plaza Apts. v. Smith, 352
N.J. Super. 467 (2002).
Specific rules apply when the landlord is a public housing authority. See
also e.(2) on page 58.
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Chapter10
Defenses to Eviction
Common defenses to eviction
A TENANT CAN BE evicted only if the landlord follows each of the steps in the eviction process and if a judge is convinced that there is cause for eviction under the
Anti-Eviction Act. A tenant can defeat an eviction complaint by showing that the
steps in the eviction process were not correctly followed, or that cause for eviction
does not exist, or that the landlord has not met other duties under the law, particularly the duty to provide the tenant with safe and decent housing. This chapter explains the most common defenses used by tenants to defeat an eviction in court.
Tenants who have to defend themselves in an eviction case without a lawyer
should read this chapter carefully. Acting as your own lawyer is called appearing
pro se. Landlord-tenant law can be very complicated, so you should make every effort
to get a lawyer. If you have to appear pro se, go through each of the defenses explained
below and use the defenses that fit the facts of your case.
If you have to
appear pro se,
go through each
of the defenses
explained in this
chapter and use
the defenses that
fit the facts of
your case.
65
Defenses to Eviction
Failure to register. The registration law prevents a landlord from evicting you if
the building is not properly registered. If your landlord has not registered the property or has not given you a copy of the registration, the court cannot enter a judgment
to evict you in favor of the landlord. In most eviction cases where a landlord has not
registered, the judge will postpone hearing the case to give the landlord time to register. Once the landlord registers, the court can then hear the case and enter a judgment for eviction. The postponement can give you extra time to move or to obtain
the rent you may owe. Some judges do not follow this procedure and will enter a
judgment anyway, if the landlord agrees to register the property later. This practice is
clearly wrong. Cite: N.J.S.A. 46:8-33 and Iuso v. Capehart, 140 N.J. Super. 209 (App.
Div. 1976).
If your landlord is not registered, you can file a complaint in Superior Court or
municipal court. A landlord can be fined up to $500 for failing to register. Cite:
N.J.S.A. 46:8-35.
Defenses to Eviction
served with the summons and complaint saying that you must appear in
court on May 3. This notice is improper because you did not get the full one-month
notice to quit. The landlord cannot start the eviction case until the time stated in the notice
to quit has run out.
You receive a notice to quit that tells you to move because you broke one of
the rules in the lease. The notice does not describe the specific rule that you
broke and specifically what you did to break the rule. This notice is improper
because the notice must tell you exactly what rules were broken and how you broke them
(dates, times, description). Cite: A.P. Development Corp. v. Band, 113 N.J. 485
(1988).
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Defenses to Eviction
68
Defenses to Eviction
The complaint does not say why the landlord wants you out or does not
describe the cause for eviction under the Anti-Eviction Act.
In a nonpayment of rent eviction, the complaint must include only the
amount of rent legally due. The landlord cannot add charges that are not
legally part of the rent. See pages 17, 18, and 57 for more information about
charges that cannot be included in the rent.
The reason stated in the complaint for your eviction is not one of the causes
for eviction in the Anti-Eviction Act. (See Chapter 9, The Causes for Eviction,
on page 56.)
The reason stated in the complaint why the landlord wants you out is not the
same as the one in the landlords notice to cease and/or notice to quit. The
cause for eviction in the complaint must match the cause given in the notice
to cease and/or notice to quit.
The judge should dismiss an improper eviction complaint because eviction cases
are set up to be quick, and the landlord can always start the eviction process over
again. Some judges will incorrectly allow a landlord to amend or change the complaint in court, so that the complaint is proper and the case can proceed to hearing.
You should object if the judge allows an on-the-spot change to the complaint. If the
judge allows the amendment anyway, ask to postpone the hearing so that you have
time to prepare a defense to the amended or changed complaint.
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Defenses to Eviction
70
Defenses to Eviction
you should take with you the full amount of rent you have withheld in cash, a certified check, or a money order. The court will not accept personal checks.
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Chapter 11
decides in favor of the landlord and enters an order or judgment evicting the tenant,
the landlord still must follow certain steps to actually have the tenant removed from
the apartment or house. This removal procedure takes time. Also, during this time,
there are opportunities for the tenant to avoid eviction altogether or to get more time
to move out. If you have gone to court, lost, and the judge has entered an order for
your eviction, read this chapter carefully. Recent changes to the law spell out exactly
what steps must be followed for an eviction to be legal. See pages 45-47 of this manual.
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Time from warrant to eviction. When you are served with the warrant for removal, you then have three days to move out. If you do not move or you do not contest the warrant and get a stay of the warrant from the judge, the court officer may
evict you at the end of the three days. This three-day period excludes the day the
warrant was served, weekends, and legal holidays.
If the court officer evicts you. If you do not voluntarily leave the apartment or
you do not contest the warrant, the court officer will come to your apartment or
house and evict you. If you are at home at the time, the court officer will put you out
and padlock the door. The court officer may also remove your things from the house
or apartment and have them put on the curb before locking the door.
The warrant gives the court officer power to use force or arrest if you try to stop
the eviction. This act is legal in New Jersey. It is important that you leave the premises peaceably. By all means, do not argue or fight with the court officer.
NOTE! Even if the court officer locks you out, it is illegal for a landlord to hold or
take your clothing or furniture to force you to pay rent. This act is illegal, even if you
owe the rent. Cite: N.J.S.A. 2A:33-1.
73
This stay of the warrant for removal is called a hardship stay of eviction. To get a hardship stay, you must show that you have not been able to find any other place to live.
You must also show that all of your rent has been paid, or that you are able to pay it.
You must agree to pay the rent during the time the judge allows you to stay in the
apartment. This means that you cannot get a hardship stay if you are evicted for nonpayment of rent, unless you can pay all of the rent that you owe and are able to pay
future rent by the time you appear in court to contest the warrant for removal. In
other cases, where you are evicted and your rent is current, a hardship stay can give
you up to six more months to find another place to live. Cite: N.J.S.A. 2A:42-10.6.
Stays for terminally ill tenants. The law allows a judge to grant one-year stays of
eviction if the tenant is terminally ill. To be eligible for this type of stay, the tenant
must meet all of these conditions:
Owe no back rent,
Be terminally ill and so certified by a doctor,
Have been a tenant of the landlord for at least two years before the stay is
granted, and
Show that there is a strong chance that the tenant will not be able to find and
move to another place without suffering medical harm.
This law applies to all buildings, including owner-occupied buildings.
Cite: N.J.S.A. 2A:18-59.1.
74
under this procedure, you must have all of the rent that is due, plus the landlords
court costs. You should ask the court clerk to help you file the order to show cause or
motion if you cant get a lawyer to help you. The judge will conduct a hearing on
your motion after it is filed with the court.
There are many programssuch as Emergency Assistance (EA) and the Homelessness Prevention Program (HPP)that provide funds to certain low-income tenants to pay back rent in order to prevent eviction. (See Chapter 13, Special Programs for
Tenants, on page 79.) Often, by the time a tenant learns of these programs, applies for
help, and is granted assistance with back rent, the judgment for eviction has already
been entered by the court and the warrant for removal may have been issued and
served on the tenant. If, at this point, you offer to pay all of the rent but the landlord
insists on evicting you, you can ask the court to vacate the judgment against you and
order the landlord to accept the rent. You can even file for relief (ask that the judgment against you be dismissed) after you are locked out.
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Chapter12
Court Rules to
Help Tenants
Court rules help tenants understand their rights and
help them represent themselves
THE SUPREME COURT OF New Jersey ordered, in Community Realty Management,
Inc. v. Harris, 155 N.J. 212 (1998), that procedures be followed to help tenants who
represent themselves understand their rights and what will happen in court. Some
of these were discussed earlier, but we are repeating them here because of their
importance.
Court instructions
The Supreme Court has adopted instructions that must be read at the start of each
session of landlord-tenant court. These instructions are extremely important because
they will help you to understand court procedures and some tenants rights. Cite:
Rule 6:5-2(b).
Important topics covered by the instructions include:
The calendar call;
Settlements;
Waiting for trialwhat happens if your case has to be adjourned to another
day;
Nonpayment cases (getting your case dismissed if you pay your rent by a
certain time);
Eviction procedures (the warrant for removal); and
Stopping an eviction after a judgment for
The judge must
possession.
read instructions
The instructions must be read in person by the
judge. The instructions also must be given in Spanabout court
ish, but this may be done by videotape.
A copy of the instructions must be served with
procedures and
the court complaint.
some tenants
A copy of the instructions must also be available
rights at the start in written form in court. The written instructions
will also be available in Spanish. If you cannot find
of each session of the written instructions, ask the clerk of the court.
There must be a second reading of the instruclandlord-tenant
tions for latecomers. This may be done by videotape.
court.
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Default judgments
If you do not appear in court on the day of the trial, the clerk of the court will enter a default judgment for possession against you. This means that the landlord can
evict you once the landlord takes certain steps. The
landlord has to file an affidavit that meets the following If you do not
conditions:
appear in court
The affidavit must state why you are being evicted
and set forth the good cause required by the
on the day of the
statute.
The affidavit must state that all extra fees (such as trial, the clerk of
late fees and attorneys fees) that are included in
the court will
the complaint for nonpayment of rent are
permitted to be charged as rent by the lease and by enter a default
federal, state, and local law. Note: If an attorney
represents the landlord, the attorney must sign the judgment for
affidavit.
possession
If the eviction requires service of notices such as a
notice to quit or a notice to cease, the landlords
against you.
affidavit must have all of the notices attached. The
affidavit must state that the landlord served the tenant with these notices and
that the facts in the notices are true.
The clerk of the court cannot enter a default judgment against a tenant who is a
minor or mentally incapacitated. A court can enter a default judgment against a mentally incapacitated person, but only after it gives the tenants guardian five days written notice.
77
Enforcement of consent judgments and stipulations of settlement. If you enter into a settlement agreement or a consent judgment, you must live up to its terms.
If you do not live up to the terms, the landlord may seek to evict you on the grounds
that you have failed to live up to the agreement.
If you fail to live up to the agreement, the landlord must file a certification. The certification must state exactly why the landlord claims you violated the agreement and list
the facts to support this position. The certification must be sent to you in the mail or
posted on your door. If you receive such a notice, you should contact an attorney.
Court forms
The Supreme Court has adopted certain forms that may be used in landlord-tenant court. Some of the forms are only for landlords to sign. Other forms are for a settlement or an agreement that provides for a consent judgment. If there is such an
agreement, it must be in writing and both parties must sign it. You do not have to use
these formsyou may try to use others. You may add to the court forms extra settlement terms that you can agree upon.
You should try to become familiar with and understand the forms before going to
court. The forms are:
Certification by the landlord, and
Certification by the landlords attorney.
There are forms for two types of settlements: (1) where the tenant pays the rent
and still agrees to leave; and (2) where the tenant pays rent and it is agreed that the
tenant can remain in the premises. The forms are:
Consent to Enter Judgment (Tenant Remains). In this judgment, the parties agree
that the tenant will stay in the apartment.
Consent to Enter Judgment (Tenant Vacates). In this judgment, the tenant agrees
0
to leave.
78
Chapter13
Special Programs for
Tenants
Homelessness Prevention, Relocation Assistance, and
Property Tax Rebates
NEW JERSEY HAS ESTABLISHED programs to prevent homelessness by providing
assistance to cover back rent to low-income tenants who face eviction for nonpayment of rent. The state also operates a Relocation Assistance Program to help tenants
who must move because their housing unit is no longer habitable or safe. The state
also has a Homestead Property Tax Credit Act to return property taxes to tenants.
These programs are discussed in this chapter.
Each of these programs has its own special purpose. Each program has its own set
of rules and is administered by a different state or local agency. This chapter will help
you to decide whether you might qualify for this assistance and where you can go to
apply. Read this chapter carefully; but if you are having trouble with any of these programs, you may want to contact your regional Legal Services office.
79
against you. If you qualify, HPP can pay at least three months' back rent, and up to six
months in special cases.
HPP vouchers. HPP gives vouchers to tenants who qualify for assistance. The
HPP voucher is a promise by HPP to pay the landlord the amount of the voucher,
which is the amount the tenant needs to pay to avoid eviction. If HPP agrees to give
you a voucher to cover the back rent, you must get the landlord to accept the voucher
as payment. If the landlord signs the voucher, he or she must also agree to dismiss the
eviction complaint.
If you cannot get the landlord to sign the voucher before the court hearing, you
must then ask the judge to order the landlord to accept the voucher at the eviction
hearing. There have been several court rulings where eviction actions have been dismissed because the funds are available to the landlord. The New Jersey Supreme
Court upheld a New Jersey law that says that the landlord cannot discriminate
against tenants who get subsidies to help pay their rent. Cite: Franklin Tower One,
L.L.C. v. N.M., 157 N.J. 602 (1999). That law in a stronger form has now become a
part of the New Jersey Law Against Discrimination. Cite: N.J.S.A. 10:5-12(g). Complaints against landlords who refuse to accept HPP funds can be filed with the New
Jersey Division on Civil Rights. See Chapter 16, Housing Discrimination, on page 94
for more information about the law and where to file complaints.
How to apply for the Homelessness Prevention Program. HPP funds for back
rent are distributed through program representatives who work out of field offices
located throughout the state. You can apply directly to the HPP office serving your
county. Social service or community agencies can also write you a referral letter.
For the address and phone number of the office serving your area, call the main
office of the program at 1-866-889-6270.
The programs main address is:
Homelessness Prevention Program
Department of Community Affairs
P.O. Box 806
Trenton, NJ 08625-0806
It often takes time to get a decision from HPP on whether or not they will help
you. You may not have much time because the landlord has already begun the eviction action and you have a date to appear in court. It is very important that you contact HPP as early in the eviction process as possible and that you let them know when
your eviction case will be heard in court.
HPP has limited funding. HPP gets a small
amount of money from the State of New Jersey
each year. In most years, HPP does not get
enough money to help everyone who needs it.
HPP also does not get money to have enough
staff people in each county to take applications
and process assistance to tenants. This funding
In most years, HPP does not get enough shortage means that you may find that your local
money to help everyone who needs it.
HPP office has run out of money, especially in
80
the spring when the state fiscal year is coming to an end. It also means that you may
have difficulty getting through to a local office or getting your application approved
in time to prevent your eviction. If you are having trouble getting help from HPP,
you can contact your regional Legal Services office or get help from a homelessness
prevention agency in your community.
If you are denied HPP. If HPP denies your request, they must send you a notice
explaining why you were denied. You have the right to contest the denial at an informal hearing, called a fair hearing. You must ask for this hearing. Unfortunately, the
hearing is not an emergency, and you are likely to be evicted before your hearing.
81
call your county Board of Social Services and ask where to find such a program in
your county.
These programs usually have very little money. They can pay only one or two
months back rent and help only a few families each month. It is important to call
your county Board of Social Services as soon as you know that your landlord is trying
to evict you.
Relocation assistance
Tenants are often forced to move from their homes because of action taken by a
government agency. This is called displacement. The reasons an agency could order a
tenant to move include the following:
The building is to be boarded up or torn down with government approval.
The landlord is ordered by the housing or building inspector to make repairs
that cannot be made unless the tenants move.
The landlord has allowed more people to live in a unit than the law allows, or
the landlord has made a separate apartment out of a part of the building
such as an attic or a basementthat it is not legal to rent.
The building is being taken over by a government agency to be used to build
a school playground, a highway, a police station, a neighborhood renewal
program, or some other public project.
The landlord is not allowed to rent the apartment or room because of zoning
laws.
The law requires that tenants forced to move for any of the above reasons be eligible for relocation assistance. Cite: N.J.S.A. 20:4-1, et seq.; N.J.S.A. 52:31B-1, et seq.;
N.J.A.C. 5:11-1, et seq.; N.J.S.A. 2A:18-61.1(g) or 2A:18-61.1(h).
82
Displacement by fire
Tenants who have lost their housing because of fire do not have an absolute right to
receive relocation assistance benefits. Under state law, cities may, if they wish, provide
fire victims with limited benefits. You must check with your local housing or fire in 2014 Legal Services of New Jersey
83
spector to see if your city or town provides relocation assistance to fire victims. Cite:
N.J.S.A. 20:4-3.1. Another law allows tenants to sue to force their landlord to repair
their fire-damaged apartments. This law states that if a tenants apartment or rented
house is damaged by fire, and the fire is not the tenants fault, the landlord must repair the fire damage as quickly as possible. The law also excuses a tenant from paying
rent until the repairs are made. However, this law may not help you if your lease
contains provisions that are different from those in the law. Cite: N.J.S.A. 46:8-6.
84
Chapter14
Condominium and
Cooperative Conversions
Tenants are protected when buildings are converted
TENANTS CAN FACE EVICTION if their building or apartment is being converted
85
The laws concerning conversion must be strictly followed by the owner. If the
owner does not provide all of the information required in the proper form and in the
proper way, the owner may not be able to evict the tenant at the end of the three-year
notice period. Cite: Riotto v. Van Houten, 235 App. Div. 177 (App. Div. 1989); Sibig
and Co. v. Santos, 244 App. Div. 366 (App. Div. 1990).
The notice of intent to convert. The notice of intent to convert must contain
three separate items:
A notice to the tenants of their right to buy ownership in the property at a set
price.
A notice that each tenant has an exclusive right to buy his or her apartment in
the first 90 days after receiving the notice of intent to convert. The notice
must also state that, during the 90 days, the apartment cannot be shown to
anyone else unless the tenant has given up his or her right to buy in writing.
A copy of the regulations on conversions approved by the New Jersey
Department of Community Affairs. These regulations explain the tenants
rights under the Anti-Eviction Act.
The full plan of conversion. The full plan of conversion must contain a great deal
of very specific information. For example, the plan must contain a legal description of
the property, the price of the apartment, terms of sale, and a copy of the deed to the
apartment, if purchased. The plan is defective if it does not contain all of the required
information. The requirements for a conversion plan are very complicated, and you
should have a skilled attorney review them for you.
Three-year notice to vacate or quit. After giving tenants the notice of intent to
convert and the plan for conversion, the owner must then give tenants who choose
not to buy ownership in a condo or co-op a three-year notice to vacate or quit the
rental unit. The owner cannot file a court action to evict the tenant because of the
conversion until the end of the three-year notice period. This means that tenants
have a minimum of three years before their landlord can take them to court to ask
that they be evicted because of the conversion. In addition, any time left on a written
lease must also end before an eviction case can be started, even after the end of the
three-year notice period.
The notice to quit must state the reason for ending the tenancy and must be
served personally by giving a copy directly to the tenant or by leaving a copy at the
tenants home with a family member over the age of 14. It can also be served by certified and regular mail. If the regular mail is not returned, the tenant is presumed to
have been served.
The right to ask for comparable housing. Tenants who have received the
notice to quit can ask the landlord in writing for a reasonable opportunity to look at
and rent comparable housing. This right to ask for comparable housing extends for
18 months after receipt of the notice to quit. Comparable housing means housing
that meets all local and state housing codes and is equivalent to the apartment in
which the tenant then lives in size, number of rooms, major facilities, rent, and in
other ways. The requirements on the owner to offer reasonable opportunities for
86
comparable housing are detailed, and tenants should consult with a knowledgeable
attorney for further advice.
Rent increases during the three-year notice period. Tenants are given some
protection against unfair rent increases during the
three-year notice period and for the entire time
Tenants continue
they remain in the apartment, including during any
to be covered by
hardship stays of eviction (postponements). Tenants continue to be covered by rent control if rent
rent control if rent
control applies to the building. Also, an owner who
asks the rent control board for a hardship increase control applies to
cannot use any increases in costs resulting from the
the building.
conversion to justify his or her claim of hardship.
Cite: N.J.S.A. 2A:18-61.31.
Tenants in towns without rent control can receive only reasonable rent increases. The
owner cannot use any increases in costs resulting from the conversion to justify a
rent increase. For example, an owner may not raise rents because his taxes have risen
because of the conversion. Cite: N.J.S.A. 2A:18-61.31. In this situation, tenants
should seek legal advice.
Further delays in evictions. Tenants should also seek legal advice when faced
with a court action for eviction after the three-year notice period. There are complicated rules on the circumstances under which the judge can grant further stays or
postponements of eviction. The general rules are that the owner must show that a
tenant who requested comparable housing within the first 18 months was actually offered comparable housing. If the tenant requested comparable housing and it was not
offered, the court must grant a one-year stay (postponement). After at least a
one-year stay, the court cannot give any more stays if the owner provides the tenant
with hardship relocation compensation. Hardship relocation compensation is a
waiver of five months rent. A tenant who receives this compensation can live rent
free for five months. However, the court will automatically renew the one-year stay if
the owner does not provide this relocation compensation and fails again to give the
tenant a reasonable chance to find similar housing. The court can give up to five
one-year stays as long as the landlord does not give the tenant an offer of comparable
housing or hardship relocation compensation. Cite: N.J.S.A. 2A:18-61.11.
Additional requirements. There are several additional legal requirements that
must be met by owners. First, the owner must give any tenant whose tenancy began
before the conversion, and who is evicted because of the conversion, a waiver of one
months rent for the cost of moving. Cite: N.J.S.A. 2A:18-61.10. Second, any tenant
who moves in after the owner has officially filed to convert to condo or co-op must
be given notice that the building is being converted. The tenant also has to be warned
that he or she can be evicted after 60 days notice if the unit is sold to a new owner
who wants to personally move in. Cite: N.J.S.A. 18-61.9. Third, the owner or buyer
of a condominium unit can be liable to a tenant in a civil action for three times the
amount of damages plus attorneys fees and court costs for misleading the tenant in
any way about the conversion. Cite: N.J.S.A. 2A:18-61.9.
87
88
tenants facing rent increases should seek knowledgeable legal help. Cite: N.J.S.A.
2A:18-61.31.
89
Chapter15
Rooming and Boarding
Homes and Mobile
Home Parks
AN ESTIMATED 40,000 PEOPLE, most of them poor and elderly, live in New Jerseys
3,500 rooming and boarding homes. Some of these buildings are old and greatly in
need of repair. Some have narrow hallways with poor lighting and dont have proper
electrical and heating systems. This makes them fire hazards and hard to escape from
when a fire occurs. The poor and elderly who live in these homes are often victimized by landlords who take advantage of the residents fear of eviction by demanding
high rents for poor living conditions.
Thousands of other families reside in mobile home parks throughout New Jersey.
Mobile home residents are in an unusual situationthey usually own their mobile
home but have to lease the lot on which the home sits from a mobile home park
owner. There are a limited number of licensed and approved mobile home parks.
Almost none of these parks accept homes moved from another park. For this reason,
mobile home residents have little room to bargain if they have a dispute with a park
owner.
Special laws have been passed to protect residents of rooming and boarding homes
and mobile homes. This chapter explains these protections.
90
to make any necessary repairs or improvements and take all other steps necessary to
properly operate the home.
DCA can authorize a county or municipality to do the inspections. If it does, DCA
must control and supervise the inspections.
91
The owner must give each resident written notice of these rights, and the notice
must be posted in the home. The notice must include the name, address, and telephone number of social services agencies, including the Office of the Ombudsman
for the Institutionalized Elderly, the county welfare agency, and the county Office
on Aging.
Any resident whose rights are violated can sue the offender. The resident can ask
for actual and punitive damages, reasonable attorneys fees, and costs of the action.
Cite: N.J.S.A. 55:13B-21.
92
buys a mobile home in the park but cannot deny anyone without reason. If the park
owner unreasonably refuses to approve the buyer, the home owner or the intended
buyer can sue in Superior Court. The court can award damages, costs of the lawsuit,
and attorneys fees. The court may also require the park owner to rent to the prospective buyer. A valid reason for refusal would be an unsatisfactory credit report on
the prospective buyer. Cite: N.J.S.A. 46:8C-3.
A park owner can refuse to approve an interested buyer if the park has been legally
designated for senior citizens and the tenant is below the minimum age requirement.
However, in a park that is not reserved for seniors, discrimination against buyers with
children may be against state and federal law. Please seek legal advice if you think you
are experiencing this type of discrimination.
Disclosure of fees
A mobile home park owner must make known to the tenants and the public all
fees, charges, assessments, and rules. These disclosures must be in writing and must
be given to tenants before they move in. Any additional fees, charges, assessments,
rules, or changes must also be in writing and given to mobile home tenants at least 30
days before the effective date. If the written notice is not given, the park owner cannot use a mobile home owners failure to comply as a cause for eviction. Cite:
N.J.S.A. 46:8C-2.
It is unlawful for a mobile home park owner to ask for or receive a donation or gift
directly or indirectly from someone who wants to rent a space in the park. This is a
disorderly persons offense, and the owner can be prosecuted in municipal court. If
such a payment is made, the home owner can sue to recover the amount paid. The
judge can award double the amount of the unlawful payment, court costs, and attorneys fees. Cite: N.J.S.A. 46:8C-2.
93
Chapter16
Housing Discrimination
Discrimination in renting is illegal
NEW JERSEY AND UNITED STATES laws prohibit discrimination in the rental of
State and federal laws make it illegal for a landlord or real estate agency to refuse to rent to
families with children.
94
Housing Discrimination
apartment in such a building must be occupied by people over the age of 62. Retirement communities for people over 55 can refuse to rent to families with children,
but only if they meet certain requirements.
Under state law, it is illegal for a landlord to refuse to rent to a couple because they
are not married. Cite: Kurman v. Fairmount Realty Corp., 8 N.J. Admin. Reports 110
(1985). And a court has ruled that it is illegal for a landlord to refuse to rent to homosexuals because of the landlords fear that they may have or get AIDS. Cite: Poff v.
Caro, 228 N.J. Super. 370 (Law Div. 1987).
Also see the information under the section What may not be discrimination below.
95
Housing Discrimination
have failed to pay rent for apartments in the past or have been unable to pay other
debts. But these reasons may not be good reasons if you have a Section 8 voucher or another type
of housing assistance. Cite: T.K. v. Landmark West, 353 N.J. Super. 223 (2002). However, see Pasquince v. Brighton Arms Apartments, 378 N.J. Super. 588 (App. Div. 2005),
where the court held that a person with a Section 8 voucher could be denied an
apartment if there was a poor credit history. It depends on the facts of the case. If you
have a Section 8 voucher or another subsidy and a landlord refuses to rent to you because of your credit history or the amount of your income, you should contact an attorney or the New Jersey Division on Civil Rights. See Refusal to rent to Section 8
recipients and people with other types of income on page 94.
A landlord can refuse to rent to you if your family is too large for the size of the
apartment. Whether or not your family is too large usually depends upon how big the
whole apartment is, not just how many bedrooms it has.
It is important that you ask the landlord to be specific about why he or she is refusing to rent to you. If you suspect illegal discrimination, get help from a fair housing group, Legal Services, a private attorney, or the Division on Civil Rights.
96
Housing Discrimination
97
Housing Discrimination
have discriminated against you. The Commission cannot award money damages or
force the broker to rent to you. The Commission can be reached at:
New Jersey Real Estate Commission
240 West State Street
P.O. Box 328
Trenton, NJ 08625-0328
(609) 292-8280
www.state.nj.us/dobi/remnu.shtml
You also can go directly to court without using these agencies and sue the landlord
and/or broker who you believe has discriminated against you. This means, however,
that you may need your own lawyer and will have to do your own investigation. If
you succeed in court, you may be able to get money damages, the apartment that was
wrongfully denied you, and attorneys fees.
If your complaint involves an owner-occupied two-family home, the Division on
Civil Rights, HUD, and the Real Estate Commission wont be able to help you. Your
only choice in such a case is to go to court.
Local fair housing groups. Some counties have fair housing organizations that
can help you with your discrimination complaint. They can investigate your complaint for free and help you get the housing you want. They can also help you bring
charges against the landlord and/or real estate broker, find you an attorney, or help
you file a complaint with HUD or the Division on Civil Rights.
The following counties have organizations that may be able to help you with your
fair housing complaint:
Bergen County
Fair Housing Council of Northern New Jersey
131 Main Street, Suite 140
Hackensack, NJ 07601
(201) 489-3552
www.fhcnnj.org
Middlesex County
Puerto Rican Housing Coalition
90 Jersey Avenue
New Brunswick, NJ 08901
(732) 828-4510
www.prab.org
Monmouth County
Monmouth County Fair Housing Board
Community Development
Hall of Records Annex
1 East Main Street, 2nd floor
Freehold, NJ 07728
(732) 431-7490
www.co.monmouth.nj.us/page.aspx?Id=3000
98
Housing Discrimination
Morris County
Urban League of Morris County
Fair Housing and Assistance Program
300 Madison Avenue, Suite A
Morristown, NJ 07960-6116
(973) 539-2121
(973) 998-6520 (Fax)
www.ulmcnj.org/housing2.ivnu
The need for legal help. Proving housing discrimination can be difficult and
complicated. You may need help from one of the fair housing groups listed above.
You will also need a lawyer. The fair housing groups may be able to refer you to a
lawyer. You can also call your Legal Services program for their help or a referral to
0
a private attorney specializing in housing discrimination cases.
99
www.LSNJ.org
LSNJLAWSM statewide, toll-free legal hotline:
Apply for help online: www.lsnjlawhotline.org
1-888-LSNJ-LAW (1-888-576-5529)
www.LSNJLAW.org
Regional Legal Services Programs
Central Jersey Legal Services
Mercer County . . . . . . . . . . . .
Middlesex CountyNew Brunswick
Middlesex CountyPerth Amboy . .
Union County. . . . . . . . . . . . .
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(908) 475-2010
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1-800-496-4570
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(856) 848-5360
(732) 414-6750
(732) 608-7794