I emailed my tenants the other day telling them that I willbe in NJ between April 25-26th. They can choose which one of those days and at a suitable time for all of us to be there so that I can inspect the premises. They've replaced 2 carpets in bedrooms and are complaining of other issues. They tell me their schedule is made a month in advance and that I'm not being accomodating enough. Isn't it that I only have to allow them 24 hrs notice. If I'm giving them ample enough time to make arrangements, can I allow myself in legally? what are my options and rights in NJ. Someone who knows NJ law, please help!! Any NJ lawyers would be of great help! I thought I only have to give 24 hrs prior notice. My lease says that and includes for inspection and repairs, but I can enter at any time for emergencies. These ppl are not section 8. They're just a migraine of a headache! NJ Law.....
Entering the tenant鈥檚 dwelling unit
All leases, whether written or oral, give the tenant 鈥渆xclusive possession鈥?of the dwelling unit. This means that only the tenant, or members of the tenant鈥檚 household, or people the tenant allows in the house or apartment, have the right to be there. The landlord does not have the right to come into the house or apartment whenever he or she wants. In a written lease, the landlord鈥檚 duty to not enter the tenant鈥檚 house or apartment is called the covenant of quiet enjoyment. This covenant (promise) means that the tenant has control over who can or cannot come into his or her apartment or house. Cite: Ashley Court Enterprises v. Whittaker, 249 N.J. Super. 552 (App. Div. 1991).
When can a landlord enter?
The law allows the landlord or the landlord鈥檚 workers to go into the tenant鈥檚 dwelling only in a few special situations:
f the tenant invites or asks the landlord or one of the landlord鈥檚 workers to come in.
If the landlord needs to inspect the apartment, but only:
at reasonable periods of time鈥攅very day is unreasonable, every few months might be okay;
at a reasonable time of day鈥? a.m. is unreasonable, 4 p.m. might be okay, depending on whether the tenant will be home at that time; and
only after giving the tenant reasonable notice that he or she is coming to inspect. Reasonable notice usually means a written notice. It also usually means that the notice must be given at least one day before the landlord wants to come in. For buildings containing three apartments or more, there is a regulation requiring one day鈥檚 notice before a landlord can come into an apartment to make an inspection or do repairs. Cite: N.J.A.C. 5:10-5.1(c).
If the landlord or one of the landlord鈥檚 workers needs to go into the apartment to do maintenance or make repairs. If the repairs are not an emergency, they can only enter the house or apartment at a reasonable time and after giving reasonable notice.
If the landlord or the landlord鈥檚 workers need to go into the house or apartment to do emergency repairs. Under this circumstance, the landlord may not have to give one day鈥檚 notice鈥攐r even any notice鈥攊f the emergency is really serious or dangerous, for example, the apartment is on fire or water is rushing out of a broken pipe and pouring through the floor. But even in the case of an emergency, the landlord should try to give some notice if he or she can, even if the notice is just a phone call.
Unfortunately, it says IN WRITING. Email may not cut it. So, you have time, notify them in writing that you will be by on a certain date. They don't even have to be there, if I read the law correct. It says 24 hrs is reasonable. 30 days is not. I would also call them and leave as message as well, just to cover your bases. I would also bring a witness to cover you as well. If you had them sign a standard NJ rental agreement, the rules for entry are outlined on the lease. Read it. Follow it. i had tenants for thirty years.. and i would never do it again. they have the advantage... now they have section eight and the state inspects the place with no notice... what you should have done was take three months deposit and pictures of everything before they moved in and have them sign a statement that this was how they found it and also they have to pay for any repairs.. the only way you can enter is with the terms spelled out on the lease... those tennts ruined every home i had three of them.. and no mater what idid i never made a profit when the people moved the place required four thousand in repairs.. more thaj i charged for rent. then i found out there is a group of poeple who know how to shaft evry one and get away with it if you would contack new jersey section eight.. they could show you the rules that they have.. and if you rented your house to the state and the section eight people came in you have no worries your rent comes from the state you dont have to go and collect it and the state pays for any and all damages.. if i were you i would give the people notice that the rent is now 999 dollars a month and if they dont want to pay to move this is the easist way to get rid of them.. of course you give them thirty days notice of this.. and if they dont go they have to post the rent to the court and then you will have a hearing... remember i did this for thirty years.. and if they had section eight then i would have had none of the problems that i had.. ok gilermo.. I couldn't find NJ-specific law, but other states I looked at said the notice has to be one of these:
a) Handing it to the tenant or an adult on the tenant's premises; b) Leaving it in the mail box or in a place where mail is ordinarily delivered; c) Sliding it under the tenant's door; or d) Posting it on the tenant's door 24 hours in advance.
I don't know if email would be considered proper notice.
However, once notice is given, you don't need permission to enter. Chapter 4 Contents:
* Leases
o What is a lease?
o Common lease terms
+ The term of the lease
+ The rent payment
+ The security deposit
+ Late charges
+ Attorney鈥檚 fees
+ Rules and regulations
# Accepting rules and regulations
+ Care of the property
+ Notice of repairs
+ Orderly conduct
+ Pets
# Controlling pets
# Pets in public and elderly housing
+ Entering the tenant鈥檚 dwelling unit
# When can a landlord enter?
# What if the landlord won鈥檛 stay out?
+ Maintaining order
+ Renewal of the lease
+ Changes in the lease
Leases
What is a lease?
A LEASE IS A CONTRACT (agreement) between a landlord and a tenant for the rental of an apartment or house. A lease can be an oral (spoken) agreement or it can be in writing. Most leases in New Jersey, whether oral or written, are not the result of bargaining between the landlord and the tenant鈥攖he landlord knows that there is more demand for rental housing than there are units to rent, so the landlord can set the lease terms. The person who wants to rent the apartment must then accept the lease as offered by the landlord.
Sometimes, landlords will try to include unreasonable or unfair terms in the lease. For example, a lease may require a tenant to get the landlord鈥檚 permission to have overnight guests or visitors. This rule is unreasonable. A tenant has the right to have friends or relatives visit for a few days without getting permission from the landlord.
In New Jersey, every lease must be written in 鈥減lain language.鈥?This means that the lease must be written in a 鈥渟imple, clear, understandable, and easily readable way.鈥?Cite: N.J.S.A. 56:12-2.
Before signing a written lease, read it carefully. Do not sign a lease with blank spaces. Make sure that the terms in the items in the lease are the same as those you and the landlord agreed to when you discussed renting the unit. If you do not understand something in the lease, don鈥檛 sign it. Tell the landlord you first want to take it to a friend or lawyer who will help you to understand it. If you do sign a lease, be sure you get a copy. This will prevent the landlord from making changes afterward.
If your lease is spoken, make sure you discuss with your landlord all of the responsibilities you have and all of the responsibilities the landlord has. It is important that you understand what you must do before you make a final agreement with the landlord.
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Common lease terms
Most leases, whether spoken or written, have several requirements or terms in common. In addition, the law requires certain conduct by landlords and tenants under any lease, even an oral lease. This section reviews some of the more common lease requirements and discusses how the law treats them.
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The term of the lease
A lease will contain a term (a length of time that you agree to rent the property). It is usually a month, six months, or a year. If your lease has no set length of time, the term is automatically a month if the rent is paid on a monthly basis. This means that your agreement runs from month to month. Cite: N.J.S.A. 46:8-10. Just because you have a month-to-month lease does not mean that the landlord can get you out at the end of any month. You don鈥檛 have to leave just because the term of your lease is up. The law contains special rules for evicting tenants. See Chapter 5, Ending or Breaking Your Lease, for more about this.
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The rent payment
The lease will state the amount of rent you agree to pay monthly for the house or apartment. This means that if you sign a one-year lease for $500 a month, you are entering into a contract for $500 for 12 months, or $6,000.
You should always pay your rent by personal check or money order. This way you have a receipt for each payment. You should not pay rent with cash unless you get a signed receipt! Be careful if you use money orders. Sometimes a landlord will claim that he or she did not get your money order. You will then have to ask the bank to find out what happened to it. This can cause you problems if the landlord tries to evict you for nonpayment of rent. In that situation, you will need proof to show the judge that you did pay the rent. Therefore, always get a signed receipt from your landlord for each rent payment, even when you pay by money order. Always keep copies of all of your rent receipts.
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The security deposit
The lease may require a security deposit. If a security deposit is required, the written lease should state that it was received and indicate the amount. Security deposits are discussed in Chapter 3, Security Deposits.
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Late charges
Many leases require a late charge if the rent is not paid by a certain date of the month. This charge is supposed to cover the money lost by the landlord as a result of the late payment. Courts will enforce late charges if they are reasonable and spelled out in writing in the lease. The landlord cannot evict based upon nonpayment of late charges unless there is an agreement stating that late charges are to be considered part of the 鈥渞ent.鈥?Cite: 447 Associates v. Miranda, 115 N.J. 522 (1989). In Section 8 housing, a landlord cannot sue to evict for nonpayment of late charges whether they are called rent or not. See Community Realty Management Company v. Harris, 155 N.J. 212 (1998). Similarly, a public housing authority cannot evict for nonpayment of late charges even if they are called rent. Cite: Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Hodges v. Feinstein, 189 N.J. 210 (2007).
Late charges are also not allowed if the tenant did not pay the rent on time because the landlord failed to make needed repairs. Under the Anti-Eviction Act, a tenant who repeatedly pays rent after its due date can be sued for eviction provided that the landlord gives the tenant proper notices. See Chapter 9, The Causes for Eviction. In addition, there is a new law that states when rent must be paid and when landlords can charge a late fee. This statute does not apply to all tenants. It applies only to apartments rented by senior citizens receiving Social Security Old Age Pensions, Railroad Retirement Pensions, or other government pensions in the place of Social Security Old Age Pensions, and by recipients of Social Security Disability Benefits, Supplemental Security Income (SSI), or welfare benefits under Work First New Jersey. Cite: N.J.S.A. 2A: 42-6.1 and 6.3.
The law states that a landlord must allow a tenant a period of 鈥渇ive business grace days鈥?to pay the rent. If a tenant pays the rent in the five-day period, the landlord may not charge a late fee. In counting the five business days, do not include Saturday, Sunday, or a national or state holiday.
If the landlord knows, or should know, that your monthly income regularly does not arrive by a certain day, he should pick a later date that is fair to both of you.
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Attorney鈥檚 fees
Some leases require a tenant to pay the landlord鈥檚 attorney鈥檚 fee if the landlord has to use a lawyer to take the tenant to court. If your lease has such a term, and the landlord takes you to court for eviction and wins the case, you will be responsible for paying a 鈥渞easonable鈥?fee for the landlord鈥檚 attorney. Cite: Community Realty Management v. Harris, 155 N.J. 212 (1998); University Court v. Mahasin, 166 N.J. Super. 551 (App. Div. 1979).
Sometimes a landlord will demand attorney鈥檚 fees in an eviction action and seek to evict if the tenant cannot pay them. However, in order to do this:
* There must be a written lease, and
* The lease must state that attorney鈥檚 fees are 鈥渁dditional rent鈥?or 鈥渃ollectible as rent.鈥?br>
If there is no written lease that describes attorney鈥檚 fees as 鈥渞ent,鈥?you cannot be evicted for failing to pay attorney鈥檚 fees. Cite: Community Realty Management v. Harris, 155 N.J. 212 (1998).
However, even if there is such a lease provision, the law may limit the amount of your rent due, and the landlord may not be able to evict you for failure to pay attorney鈥檚 fees. For example, a public housing authority cannot evict a tenant for nonpayment of attorney鈥檚 fees, even if the lease calls the attorney鈥檚 fees additional rent. Cite: Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Hodges v. Feinstein, 189 N.J. 210 (2007). If you live in other housing that receives federal assistance, such as Section 8 housing, you should also argue that the amount of your rent is only what the housing agency handling your Section 8 says it is鈥攖hat is, it is only the rent amount stated in your lease. Also, if you live under rent control, you should argue that the rent control ordinance limits your rent, and that adding in attorney鈥檚 fees as extra or additional rent would exceed the rent control limits. Cite: Housing Authority of the City of Atlantic City v. Taylor, 171 N.J. 580 (2002); Community Realty Management Inc. v. Harris, 155 N.J. 212 (1998); Ivy Hill Park Apartments v. Sidisin, 258 N.J. Super. 19 (App. Div. 1992).
In an eviction case, if the judge finds that you are responsible for paying a reasonable fee for the landlord鈥檚 attorney, you can be evicted if you do not pay that amount on the day of the hearing. Sometimes a landlord will ask a judge to evict a tenant even though the tenant paid the rent owed before the court date, but failed to include the attorney鈥檚 fees with the rent payment. If the landlord tries to do this, the tenant should argue that the landlord, by accept |
