New Jersey Lawyer News
A Landlord-Tenant Overview
by Gary S. Shapiro, Esquire
With the price of a new home sky-rocketing many people find themselves renting rather than buying. This article is intended to provide you with an overview of the valuable right you possess as a tenant in New Jersey.
Very often tenants are confused as their rights and are intimidated by their landlords. While most landlords are honest and law-abiding, one must be careful of the few that like to cut corners and not play by the rules.
Below are the answers to the most common questions asked by tenants.
How much security can my landlord ask for and what happens if the security is not returned after I move out?
A landlord may only hold security in an amount equal to one and one-half months rent. Furthermore, the security must be deposited by the landlord in an interest bearing account. The landlord must advise their tenant the name and address of the bank where the security deposit is being held. If the landlord fails to deposit the money as required and does not notify the tenant where the money is being held, the tenant may simply advise the landlord that they wish to use the security deposit as rent. The landlord is than prohibited from asking the tenant to replenish the security.
At the end of the lease term the landlord must advise their tenant in writing within 30 days if they are withholding any portion of the security as a result of any alleged property damage or unpaid rent. A landlord's failure to send a breakdown of any security being retained may subject the landlord to civil liability. Likewise if any claims by the landlord of damage or unpaid rent prove to be unfunded the landlord will be required to pay to the tenant and take the amount that is improperly withheld.
Can my landlord ask me to move out, if I have done nothing wrong?
Generally, a tenant shall be permitted to remain in the premises.