Are there rent control/rent stabilization policies or laws in New Jersey?
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, please contact your city or township hall.
Is it a requirement for landlords to file a certificate of registration for their rental property? According to -N.J.S.A. 46:8-28, every landlord of a dwelling, except owner-occupied properties with no more than 2 rental units, must file a certificate of registration with the clerk of the municipality in which the residential property is situated, or with the Bureau of Housing Inspection in the Department of Community Affairs. Please also note, if a landlord plans to file for eviction and has not registered with the township in which the dwelling is located, the court has no legal power to evict until the landlord has complied with the law. Furthermore, if the landlord registration statement is not filed, the landlord can be fined up to $500.
What is the maximum amount I can collect as a security deposit?
The security deposit cannot exceed more than one and one-half times the monthly rent.
Are there requirements for where a security deposit must be held, for example, in a separate escrow account? The landlord must provide the tenant with written documentation stating the name and address of the bank where the deposit is being kept, the amount of the deposit, the type of account, and the current interest rate for that account within 30 days of receiving the deposit. Please also note, the security deposit must be placed in a New Jersey bank and if not, the law requires the landlord to use the deposit in lieu of the rent and to forfeit the right to the deposit.
My tenant has moved out, what do I do with their security deposit? Once the tenant vacates and within 30 days of lease termination, the landlord must return the entire balance or the remainder of the security deposit plus interest , along with a complete list of the damages, if any.
May I charge an application fee, late rent charge or a returned payment fee?
There are no restrictions or limits placed on the collection of an application fee or restrictions on the amount charged for a late fee. Returned payment fees should remain reasonable and related to the landlord's actual expenses incurred. However, Landlords
must wait until 5 days have passed before assessing a late charge or fee.
How can I end a New Jersey lease agreement? With regards to a yearly or fixed term lease, unless otherwise stated within the lease, one full months notice is required to end a lease agreement. One full months notice is also required for month to month leases.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable or if the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them? Before a Summons and Complaint for eviction can be filed, a 3 day notice is required. The day of posting does not count, nor does any day in which the court is not open such as holidays or weekends. After the 3 day notice is served, then a court proceeding can be initiated.
Can I require my tenants to obtain renter's insurance? All residential landlords in New Jersey have an obligation to advise their tenants within 30 days of occupancy of the right to purchase renter’s insurance. Landlords may require tenants to obtain rental insurance, and can make the failure to do so a breach of the lease agreement.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction. If abandonment is determined the landlord must take pictures and put it all belongings in storage for one month and then give written notice to tenant where it is.
What can I do if my tenant files for bankruptcy?
The procedures a landlord should take will be determined by bankruptcy court laws. A Landlord usually will proceed with a relief from the “stay” deeming the tenant responsible for rent incurred during the pendency of bankruptcy proceedings. This is a complicated procedure and warrants at least a consult with an attorney.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? The landlord shall have the right to enter the leased premises at reasonable times and hours, after reasonable notice has been given to the tenant, unless in cases of emergency.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.