Statute of Limitations on Landlord Rights in New Jersey
In New Jersey, both landlords and tenants have rights and obligations under the state's landlord-tenant laws. These laws impose various time restrictions and requirements with which landlords must comply when taking certain actions. Talk to a New Jersey attorney if you need legal advice about the state's landlord-tenant time limitations.
Eviction Notice
When a New Jersey landlord wants to evict a tenant, state law imposes specific time limits with which the landlord must comply. According to New Jersey Statutes Annotated section 2A:18-61.2, a landlord must give at least three days notice before eviction. This is the minimum amount of time a landlord has to give, and only applies if the tenant engaged in disorderly or illegal conduct. If the tenant broke the terms of the lease, the landlord has to provide at least 30 days.
Eviction
Once a landlord files an eviction in court, known as an unlawful detainer complaint, and the court grants the landlord's request to force the tenant from the property, the landlord cannot do so immediately. The court will issue the landlord a warrant to have the tenant removed, but the landlord has to give a copy of the warrant to the tenant no less than three days before removing the tenant. Only then can the landlord have the court officer come and remove the tenant.
Security Deposit
When a landlord rents a property to a tenant in New Jersey, the landlord can require the tenant to provide a security deposit before renting the property. According to the New Jersey Courts website, landlords have to deposit this into a interest-bearing bank or saving and loan association when the tenant signs the lease. The landlord also has to give the tenant a written notice of making the deposit within 30 days after doing so.
Returning the Deposit
New Jersey landlords can use the security deposit to repair any damages the tenant caused to the property after the lease period ends. The landlord has to return any money not used within 30 days, along with an accounting of how any security deposit funds were used. If the landlord does not return the deposit within 30 days, the tenant can sue her and is entitled to receive damages equal to double the security deposit plus any costs the tenant incurred.
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