One unique aspect of New Jersey tenancy law is the notion that a residential tenant is a “tenant for life” who cannot be evicted simply by letting the lease run out. In fact, even in cases where the residential lease states that the tenant must vacate on a certain date,…
Articles Posted in Landlord Tenant
New Jersey Housing Occupancy Limits: How Many People is Too Many?
In 2000, the International Code Council developed a comprehensive set of property maintenance regulations designed to provide municipal code enforcement officials with guidance on a variety of issues concerning the construction and occupancy of structures. Like its predecessor, the BOCA Maintenance Code, nearly all municipalities in the State of New…
New Jersey Landlords who Acquire Title from Their Tenants May Now Face Sanctions Under Consumer Fraud Act
In a previous blog, we discussed some of the potential consequences for landlords who have acquired title from their tenants. The main issue at hand, was the fact that landlords who have acquired title from their tenants may lose the advantage of having their eviction actions heard in Landlord Tenant…
New Jersey Eviction Courts Reluctant to Try Cases Involving Options
As a result of unsound real estate purchasing and borrowing decisions, coupled with the recent epidemic of losses of income, many property owners have found themselves in severe risk of foreclosure. Some owners have looked for creative ways to avoid the possibility of losing the home, which they cannot afford…
New Jersey Section 8 Leases: Rules and Consequences
The Section 8 Program was designed to enable the government to assist low income families with their rent by paying a subsidy directly to the landlord. There are currently about 60 Public Housing Authorities in New Jersey administering Section 8 Housing Vouchers and Certificates for approximately 60,000 households. The rules…
New Jersey Eviction Notice Requirements
All New Jersey Residential Evictions other than those brought for non-payment of rent require a landlord to first provide the tenant with notice(s) prior to filing the action with the Court. There are two types of notices under the Statute – the Notice to Cease and the Notice to Quit.…
New Jersey Tenant Habitability Defenses
In this week’s article, we will discuss two scenarios in which New Jersey tenants who are experiencing habitability problems are permitted to withhold rent. Method I – Repairing and Deducting The matter of Marini v. Ireland involved a tenant whose toilet broke. When the tenant complained to the landlord that…