Landlord Tenant lawyer NJ

Relying on a NJ landlord tenant lawyer is key to protecting your rights as a landlord or tenant.

At Curbelo Law, our NJ real estate attorney have over 10 years of experience helping clients throughout New Jersey with their real estate matters. 

Give us a call and let our team provide you with the legal guidance you need.

Experienced NJ Landlord Tenant Lawyer

It is important to have the help of reputable attorneys to understand the rights and responsibilities of landlords and tenants in New Jersey. 

This is because they can be broad and, in certain circumstances, very complex. Therefore, a NJ landlord tenant lawyer can guide you to prevent costly disputes and ensure the best possible outcome.

Landlord and Tenant Section of the Special Civil Part Court

When disputes arise, cases are heard in the landlord-tenant section of New Jersey’s superior court. Issues such as:

• Non-payment of rent.
• Recurring delays in payment.
• Disorderly conduct by the tenant.
• Property damage.
• Violations of agreed clauses.
• Drug-related crimes.

Both landlords and tenants have the opportunity to submit evidence and testimony to defend their positions in court. 

If the judgment is in favor of the landlord, the landlord can obtain a judgment of possession, requiring the tenant to vacate within 3 business days. 

However, in some circumstances, the judge may allow the tenant to remain in the property for up to 6 months, as long as the tenant continues to make rental payments.

Security deposit disputes

Disputes over security deposits are common. Under New Jersey law, landlords must return the deposit within 30 days of a tenant moving out. 

If it is decided to retain part of the deposit, the tenant must be notified with a detailed list of the repairs and costs involved. 

If the damage exceeds the deposit, the landlord can sue the tenant for the difference. 

What types of apartment and house rental disputes can housing and tenant attorneys help me with?

A NJ landlord tenant lawyer can assist you with a variety of apartment and home rental disputes, such as:

Withheld payments

A tenant may withhold rent in certain circumstances, such as when the landlord fails to make essential repairs. 

Attorneys can advise you on when this action is legally justifiable and help protect your rights.

Hazardous or damaged property

If a landlord fails to address safety issues or property damage, an attorney can step in to ensure that necessary steps are taken.

Landlord visits

Lawyers can help clarify the rules about when and how a landlord can enter a leased property, ensuring that laws are followed and tenant rights are respected.

Retaliation

If a landlord takes action against you for exercising your rights or reporting unsafe conditions, an attorney can advocate for you and help protect you from illegal retaliation.

If you are facing a dispute regarding your apartment or house rental, consulting with a housing and tenant attorney can be a key step in protecting your rights and effectively resolving the conflict.

Do you suspect an illegal basement rental? You can report it. You have extensive information in our blog “How to report an illegal basement apartment in NJ”

Can I sue my landlord in New Jersey?

Yes, you can sue your landlord in NJ in cases of legal disputes, such as an attempted illegal eviction or an unfair rent increase. 

However, it is advisable to seek legal assistance to address these complaints and ensure that they are handled appropriately in the appropriate court. 

How do Attorneys work to protect their clients’ rights during the eviction process?

An eviction attorney protects the rights of their clients by guiding them through the legal process and ensuring that applicable regulations are followed. 

For tenants

The attorney reviews eviction notices, assesses whether the reason is valid under New Jersey law and whether the landlord has followed proper procedures. 

It also represents them in court hearings, helping to negotiate agreements that can prevent eviction or reduce its impact.

For owners

The attorney ensures that the eviction process complies with legal requirements, such as the proper issuance of notices and the presentation of evidence to the court. 

In both cases, the attorney works to protect client’s rights and seek the most favorable resolution possible, either by negotiating an out-of-court settlement or by representing their case in court.

What is the purpose of landlord-tenant laws?

The purpose of landlord-tenant laws is to protect the rights of both the landlord and the tenant. These laws regulate key aspects such as: 

• Late rent payments.
• Proper maintenance of the property.
• Handling security deposits. 
• Actions to be taken upon termination of a lease. 

Knowing these regulations is essential to avoid problems during the term of the contract and to resolve any disputes in a manner that is fair to both parties. An experienced attorney can help protect your rights in these cases.

What do New Jersey real estate laws say about landlords and tenants?

In New Jersey, leases are divided into two main categories, which affect the relationship between landlords and tenants:

First category

The first category includes commercial, temporary or seasonal leases, and those where the owner resides on the property and has fewer than three rental units. 

These contracts are subject to more flexible regulations, allowing the landlord to evict a tenant without the need for “just cause.”

Second category

Other tenancies are regulated by the Just Cause Eviction Act (NJSA 2A:18-61.1). 

This law states that landlords can only evict tenants for specific reasons, such as:

• Not paying rent,
• Damage to property, 
• Breach of contract, or 
• Participate in illegal activities in the home.

It is essential to identify which law applies to each case, since legal requirements vary and must be strictly adhered to. 

What are my rights as a tenant in New Jersey?

As a tenant in New Jersey, you have the following rights:

No discrimination

You have the right to rent without being discriminated against because of your:

• Race, 
• Gender, 
• Ethnicity, 
• National origin, 
• Sex, 
• Gender identity, 
• Sexual orientation, 
• Marital status, 
• Source of income, 
• Disability, 
• Age, or 
• For having children under 14 years of age.

Access to property

You have access to the property in question, so they cannot:

• Falsely informing you that there are no units available, 
• Being treated rudely, or 
• Denying services offered to other tenants.

Clear rental conditions

Before signing a rental agreement, you should receive clear information about the term, rent amount, security deposit, and landlord rules.

Compliance with standards

By signing the lease, you agree to follow the rules, and if you do, you cannot be evicted without just cause.

Deposit protection

You have specific rights over the management and limits of security deposits.

Mandatory notifications

You have the right to receive legal notices from the owner as required by law.

Habitability

You have the right to live in a safe and habitable place. If your landlord fails to do this, you can demand repairs.

It is critical that you know and exercise these rights to protect yourself as a tenant in New Jersey.

What else can a NJ landlord tenant laywer do for me?

Landlord and tenant attorneys can help you in the following ways:

• Document drafting: They prepare rental contracts and other necessary documents, ensuring that they comply with the law.
• Legal advice: Provides guidance on fair housing laws and tenants’ rights.
• Conflict resolution: Helps prevent and resolve disagreements between landlords and tenants.
• Evictions: They handle the entire eviction process, from complaints to lockouts.
• Regulatory compliance: Ensure you comply with rent control regulations and building codes.
• Legal representation: Represent you at rent control hearings and legal complaints.

Having a specialized lawyer allows you to manage your property effectively and protect your rights.

How does a New Jersey tenant eviction process differ from other litigation?

A New Jersey tenant eviction proceeding is distinguished from other litigation because the landlord’s sole objective is to regain possession of the rented property. 

Unlike other legal cases, in an eviction the landlord is only seeking the return of the property. In addition, common problems often include:

• Undue increases in rent.
• Discrimination against the tenant by the landlord.
• Errors in security deposit information.
• Violation of the tenant’s guarantee of peaceful enjoyment.
• Breach of the warranty of habitability by the owner.
• Non-payment of rent by the tenant.
• Improper or incorrect notices to cease or evict by the landlord.
• Violation of the terms of the lease by the tenant.

This uniqueness in the objectives and issues addressed means that eviction proceedings require a specific approach compared to other types of litigation.

If you are facing litigation, look for real estate litigation attorneys in New Jersey as they are the experts to help you in these scenarios.

Who can I file a complaint with about a landlord in New Jersey?

You can file a complaint about a landlord in New Jersey with several agencies, depending on the specific problem you are facing. Here are some options:

• New Jersey Division of Codes and Standards: For housing safety issues or if your landlord fails to make necessary repairs.
• New Jersey Housing Inspection Office: For housing code violations in buildings with three or more rental units.
• Local Health Board: If you have problems such as lack of heat or uninhabitable structural conditions.
• New Jersey Department of Community Affairs (DCA): If you believe you have been a victim of discrimination or harassment by your landlord.
• New Jersey Courts: For legal disputes such as illegal eviction attempts or unfair rent increases.
• Local Municipality: For one- or two-unit non-owner-occupied buildings that must comply with local ordinances.

It is advisable to research which of these options is most appropriate for your scenario and consider contacting an experienced NJ landlord tenant lawyer to do so.

How long does a tenant have to vacate in New Jersey?

In New Jersey, a tenant must vacate the property at least 5 business days before the 40-day deadline expires from when the landlord sent the eviction notice.

It is important to comply with this deadline to avoid legal complications.

Do you want to become a successful landlord? Check out our blog: “How to become a landlord in NJ”.

Who defends tenants in New Jersey?

In New Jersey, tenants need an attorney to represent them in legal cases related to their tenancy. 

This is especially important for corporations, companies, and limited liability companies, which must have an attorney in any litigation involving landlords.

How long does a landlord have to fix something in New Jersey?

In New Jersey, the law does not set a specific time frame for a landlord to fix problems in rental units. 

However, if the landlord fails to make repairs within a reasonable time, the tenant has the right to carry out the necessary repairs and deduct the costs from the rent. 

It is advisable to document problems and communications with your landlord to protect your rights.

How to evict non-paying tenants in New Jersey?

To evict a tenant for nonpayment, a landlord must follow a legal eviction process in New Jersey. 

First, you should make sure that the lease includes clauses that allow for the collection of debts as “additional rent” (such as utilities or attorney fees). 

You must then file a complaint detailing the amounts owed. The court will notify the tenant and set a trial date. 

If the tenant fails to pay or fails to show up, the judge will issue an eviction judgment. Finally, the landlord must file for an eviction order to repossess the property.

Consult with a reputable NJ landlord tenant lawyer

If you are considering signing a lease or are facing a landlord-tenant dispute, we recommend consulting with an experienced real estate attorney. 

Proper advice can help avoid misunderstandings and protect your rights during the process.