Landlords in New Jersey, whether they are the property owner or the managing company, must protect their interests in the property. Sometimes protecting the property interests causes conflict with tenants. It can be tempting to take matters into your own hands with the idea that the property is yours or that you are responsible for the property on behalf of the owner. While you do have rights as a landlord, you also have responsibilities, and these are governed by Federal and state laws.
At Mongiardo Law Group, our landlord/tenant lawyers in New Jersey handle all types of legal issues that landlords deal with day-to-day. Whether it is a commercial lease that you need to be reviewed, a residential tenant that you need to evict, or lease that you need to draft, we will timely and professionally uphold your rights and advise you on your obligations. Contact us today at 973-298-4557 to schedule a free consultation.
Landlord Rights in New Jersey
Landlords are afforded rights under the law. These rights vary depending on whether the property is for residential or commercial purposes. Some of the most general rights are described below, but we cannot emphasize enough that it is always in your and your property's best interest to speak to our landlord/tenant attorney in Passaic County to confirm what your rights are under the law and according to your specific property interests.
Right to Terminate a Lease and Evict a Tenant
While terminating a lease and evicting a tenant is never a step a landlord wants to have to take, it is sometimes unavoidable. Some of the reasons why a termination of a lease is needed include the following:
- When a tenant does not pay their rent in full when due
- When a tenant is engaging in disorderly conduct
- When a tenant is causing willful damage to the property
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When a tenant is in violation of lease terms or rules
A landlord cannot terminate a lease just because they do not like a tenant or for a discriminatory reason.
Evictions are necessary when a tenant refuses to leave the premises after termination of the lease and lawful notice.
Right to Sell the Property
Landlords have the right to sell a leased property, although they are generally required to sell the property subject to the tenant's lease remaining in effect. This means that when a rental property is sold, the new owner generally assumes the obligations of the existing leases, including honoring the terms of the lease and respecting tenants' rights under New Jersey's Anti-Eviction Act. Thus, tenants cannot be evicted simply because the property changes ownership, and their leases remain valid unless there is a statutory basis for termination. N.J. Stat. § 2A:18-61.
Right to Stop Leasing the Property
Landlords sometimes decide to stop leasing a property. If it is a residential property, they may even choose to live on the property themselves. When this happens, they can stop renting the premises.
Landlord Responsibilities in New Jersey
In addition to rights, landlords also have responsibilities towards the tenants leasing their property. Below are descriptions of a few of them.
Obligation to Abide by Lease Agreement Terms
When a landlord rents property to a tenant, there is typically a written contract that spells out the responsibilities of the parties. The landlord is obligated to fulfill whatever they agreed to in this contract. For example, if the contract states that water and sewer are included in the lease payment, they cannot arbitrarily decide later during the leasing period that the rental rate will remain the same, minus inclusion of water and sewer.
Obligation to Deliver Possession of the Leased Premises
The landlord must give actual possession of the property to the tenant for the time period specified in the lease agreement.
Obligation to Maintain the Suitability of the Leased Premises
The landlord must continue the upkeep of the property, including making necessary repairs, throughout the tenancy. This duty is more stringent for residential tenants.
Obligation to Manage Security Deposit
Almost all landlords collect a security deposit when they initially rent a property. This is their right, but they must comply with all applicable New Jersey laws regarding how much the security deposit may be, as well as what it can be used for and how much can be kept or returned. For example, landlords in New Jersey may not require a security deposit greater than one and a half times the monthly rent. N.J. Stat. § 46:8-21.2.
Landlord Remedies for Tenant Default in New Jersey
Tenants do not always comply with the terms of the lease agreement. When they do not comply, landlords have certain remedies available to them. The lease agreement is the first place to look for remedies. Keep in mind that remedies vary pursuant to why the tenant is in default.
Tenant Abandons Property
Tenants sometimes abandon property, often without notice to the landlord. When this happens, the landlord may hold the tenant responsible for unpaid rent for the remainder of the lease term, subject to the landlord's duty to mitigate damages by making reasonable efforts to relet the premises. The duty to mitigate is well-established in New Jersey law, and it applies to both residential and commercial leases.
Tenant Stops Payment of Rent
Tenants may stop paying rent for a variety of reasons, including loss of employment or medical expenses. A grace period is typically allowed in lease agreements, but once that time frame has passed, the tenant is in default of the lease agreement. Failure to pay the rent in full is a reason why the landlord can have the tenant evicted.
Tenant Refuses to Leave Property After Agreement Terminated
Once a lease agreement has been terminated, the tenant must leave the premises. When they do not, the landlord has the option to have the tenant evicted.
Do I Need a Landlord/Tenant Attorney in New Jersey?
It is always advisable to seek the professional counsel of a landlord/tenant lawyer when your property is at stake. There is any number of legal issues that could arise and negatively impact your property interests.
If you are leasing residential property, it is important that the lease meets any specific concerns or requirements of the property, as well as obligations imposed by local and state law.
If you are leasing commercial property, the stakes are even higher. Leasing agreements are typically negotiated. Making sure that the agreement is comprehensive and the terms and conditions favor you and the property is critical. These leases can also endure for multiple years, so having the ability to consider future issues and plan strategically can make the difference in a successful, profitable lease agreement.
At Mongiardo Law Group, our landlord/tenant attorneys will advise, review, draft, negotiate, and more, all on your behalf.
Contact a Landlord/Tenant Lawyer in New Jersey Today
A leasing agreement can be simple or complex. In either case, your property is at the center of the agreement, and you need to ensure that the law is on your side. At Mongiardo Law Group, we want to make sure that you enter into a lease agreement knowing your rights and understanding your obligations. We strive to ensure that you are successful. Contact us today either by filling out the online form or calling us at (973) 298-4557 to schedule a free consultation.
