New Jersey Landlord and Tenant Rules and Regulations
Because renting has many benefits, many New Jersey residents choose to rent their homes. Renters do not have to worry about property maintenance or repairs or purchasing homeowners insurance. Renters do, however, have to follow certain laws. The laws, laid out by the Landlord and Tenant Act, protect both the renter and his landlord.
Leases
New Jersey landlords can rent properties using either a written or an oral lease. The lease should state the length of tenancy, typically up to a year. If the lease does not have a specific time frame, the law considers the tenant on a month-to-month basis. The lease must state the amount due for rent along with rules such as pet restriction. The tenant must follow any rule listed in the lease agreement.
Rent
The landlord cannot raise the amount of rent listed in the lease agreement during the lease term but can increase the rent at the end of the lease term. The tenant may then decide whether to renew the lease. The landlord must give the tenant at least a 30-day written notice stating his intent to raise the rent. The landlord can charge a late fee for rent paid after the due date, but must include this fee in the lease.
Security Deposits
The landlord can charge a security deposit before the tenant moves in that cannot exceed one and one-half times the monthly rent. The landlord must place the security deposit in an interest-bearing checking account. When the tenant moves out, the landlord can deduct any unpaid rent and damages caused by the tenant from the security deposit. Damages must go beyond normal wear and tear. The landlord must return the remainder of the security deposit to the tenant within 30 days.
Evictions
A landlord can evict a tenant for not paying her rent, for disturbing other tenants or for causing damage to the property. If the tenant fails to pay rent, the landlord does not have to provide a notice. If the tenant violates the lease by disturbing the other tenants or causing damages, the landlord must give the tenant either a notice to quit or a notice to cease at least three days before filing an eviction. With a notice to cease, the tenant has the option to correct the problem and remain at the property. After giving notice, the landlord must file an eviction in court.
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