NJ Real Estate Attorneys for Landlord/Tenant Issues

The rights and responsibilities of Landlords and Tenants in New Jersey are varied and can be complex in certain situations. An experienced real estate attorney can properly explain the rights and responsibilities of landlords and tenants under the law to avoid costly litigation should the relationship degrade and a dispute arise. When there is a dispute, the Landlord/Tenant Section of the New Jersey Superior Court, Special Civil Part, one of three sections of the Special Civil Part, hears the case.

  • Landlords can file a complaint against a tenant if the tenant:
  • Fails to pay rent;
  • Is habitually late in paying rent;
  • Engages in disorderly conduct;
  • Willfully destroys or causes damage to the property;
  • Violates any of the agreed upon rules and regulations after the tenant received written notice; or
  • If the tenant is convicted for a drug-related offense.

A landlord must prove a case in court with documents and witnesses. The tenant can prove the complaint is false with documents, such as cancelled rent checks, and the testimony of witnesses in court. A tenant can also prove that the rent was withheld because repairs were not made and the tenant must offer evidence like documents, repair invoices, photos.

If the case is judged in favor of the landlord, the landlord will obtain a “judgment for possession” to force the tenant to move out in three business days. Under special circumstances, the judge may grant permission for the tenant to stay on the premises for up to six months, as long as the rent is paid.

The landlord/tenant laws also cover the topic of security deposits, which must be returned within 30 days from the date that the tenant moves out. The landlord is also responsible for notifying the tenant if the security deposit will be retained and for specifying a list of the repairs and the costs. The landlord can sue for more than the security deposit if there is proof that the cost of repair exceeds the amount of the security deposit.

Hiring a competent real estate attorney before signing a lease or agreement will ensure parties are completely informed of their mutual rights and responsibilities under the law.  A good legal foundation for such a relationship will lower the probability of a dispute throughout the term of the lease.

Given the complexities of Landlord/Tenant issues in New Jersey, we advise you to contact one of our experienced real estate attorneys at 973-627-7300 at Einhorn Harris today. We handle real estate issues throughout New Jersey.