Legal frameworks, including landlord-tenant laws, are complicated. Whether you’re looking to rent out an apartment or home, or are in the market looking to rent an abode, it can help to understand the relevant legal frameworks. Let’s take a look at what you need to know about landlord-tenant laws in New Jersey.
1. Homes Must Be Habitable
New Jersey has what’s called an “implied warranty” of habitability. In other words, if a landlord rents out a home, apartment, or other property, there is an implied requirement that the property must be safe and fit for human habitation. Among other things, this means the building should be structurally sound and free of major health threats like mold. The electrical system should be in proper working order, and fire hazards should be mitigated.
The building will have to meet various local building codes as well. If something does end up broken, it must be fixed or mitigated by industry professionals. This could include no heat, issues with the water heater, no running water, and no plumbing.
Tenants also have some responsibilities under landlord-tenant laws, although not as many as the landlord. When a tenant leaves a property, it should be left in the same condition as they found it, with the exception of normal wear and tear. Otherwise, the tenant may be on the hook to pay to repair some things.
2. Long-Term Tenants Should Have a Lease
If a renter is going to be staying in a unit for longer than a year, there usually needs to be a written lease agreement. If the tenant is staying for a shorter period, you may not be legally required to have a lease. That said, it’s smart for both tenants and landlords to have a written lease even if you’re staying in the abode for a shorter time. A lease can provide clarity should disputes arise.
3. Some New Jersey Communities Limit Rent Increases
The state of New Jersey does not set limits on rent increases. However, local governments may set rent increase limits. Often, these limits fall somewhere between two and six percent. Typically, you will have to give tenants at least a 30-day notice that you’re increasing rent.
4. Security Deposits Are Limited
In New Jersey, landlord-tenant laws stipulate that a landlord can charge a security deposit of no more than one and a half times the rent of the property in most circumstances. This means that if rent should increase, the landlord can raise the security deposit. The landlord will need to issue a receipt within 30 days of getting a deposit. A security deposit must typically be returned within 30 days of moving out.
5. Landlords Must Disclose Some Things
According to landlord-tenant laws, when a landlord rents a property to someone, they will need to provide their identity. The landlord must also disclose any known issues. For example, if the property sits within a flood zone, the landlord should make that clear to the tenants from the get-go. If there is a risk that asbestos or lead-based paint may be present, this must also be disclosed.
6. Evictions Are Complicated
A landlord can’t simply evict someone for any old reason. There are specific things that must happen for an eviction to be permitted by New Jersey’s landlord-tenant laws. This includes violating the terms of the lease. However, the landlord may need to first send a written notice requesting them to stop. If the tenant fails to do so, the landlord might be permitted to evict them.
7. The Law Against Discrimination is Crucial
The Law Against Discrimination (which is often referred to simply as LAD) prohibits discrimination based on race, sex, family, gender identity, creed, and civil union status. Further, while properties can be pet-free, they cannot prohibit working dogs that assist folks with disabilities.
If you need help with landlord-tenant laws, feel free to reach out to us. Understanding legal frameworks can be difficult, but we can help. Our team of legal experts is free to assist with your legal issues.
