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Tenants' Rights in New Jersey

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Tenants’ Rights in New Jersey A legal manual for tenants in New Jersey Written and published by Legal Services of New Jersey © 2020 Legal Services of New Jersey Legal Services of New Jersey makes this publication available for use by people who cannot afford legal advice or representation. It may not be sold or used commercially by others. You may copy this publication for personal or educational use only. Copies may not be modified and must retain the information identifying Legal Services of New Jersey and the date the materials were produced. For further information, contact: Legal Services of New Jersey, P.O. Box 1357, Edison, NJ 08818-1357 www.LSNJ.org / www.LSNJLAW.org / [email protected] Table of Contents Introduction . 1 Chapter 1: Know Your Rights . 3 Do I need a lawyer? . 3 Finding a lawyer . 4 Collecting attorney’s fees . 4 Representing yourself . 4 Finding the law . 5 Getting the assistance of a librarian . 5 Finding landlord-tenant laws . 6 Finding statutes . 6 Finding regulations . 6 Finding case law . 6 Finding ordinances or local laws . 7 Federal law . 7 Tenants associations . 7 The importance of state and local tenants associations . 7 Chapter 2: Finding a Place to Rent and Moving In . 8 Special Case: Finding a place to rent with a Section 8 voucher or other subsidy . 8 Finding a place to rent through real estate or rental referral agencies . 8 Rental referral agencies . 8 Real estate agents . 10 Finding housing on your own . 10 Using the Internet to find housing—Be careful . 10 Moving in . 11 Inspect the property . 11 Get promises to repair in writing . 12 Chapter 3: Your Security Deposit . 13 The Rent Security Deposit Act . 13 Does the Act apply to all landlords? . 13 How much can a landlord charge for security under the Rent Security Deposit Act? . 14 © 2020 Legal Services of New Jersey i Table of Contents What kind of notices does the landlord need to provide to the tenant? . 14 Notice after paying the deposit . 15 Tenants living in nonowner-occupied units . 15 Tenants living in owner-occupied properties . 15 Annual notice . 16 Other required notices . 16 What if the property is sold or lost after a foreclosure while I am living there? . 17 No obligation to replenish the deposit . 17 Sample letters to ensure your rights under the Rent Security Deposit Act . 18-24 Chapter 4: Understanding Your Lease . 25 What is a lease? . 25 Common lease terms . 26 The term of the lease . 26 The rent payment . 26 The security deposit . 26 Late charges . 26 Attorney’s fees . 27 Rules and regulations . 28 Care of the property . 28 Notice of repairs . 29 Disorderly conduct . 29 Pets . 29 What happens if a tenant has a pet but the property is sold to a new owner-landlord who wants to prohibit pets? . 29 Controlling pets . 30 Pets in public and elderly housing . 30 Entering the tenant’s dwelling unit . 30 When can a landlord enter? . 31 What if the landlord won’t stay out? . 32 Maintaining order . 32 Renewal of the lease . 32 Changes in the lease . 32 Chapter 5: Ending or Breaking Your Lease . 34 Why end a lease? . 34 Notice to end a lease . 35 ii © 2020 Legal Services of New Jersey Table of Contents Ending a yearly lease . 35 Ending a month-to-month lease . 35 Moving out before the lease ends . 36 Can tenants be sued for breaking a lease? . 36 Give advance notice to the landlord . 36 What if you decide not to move? . 37 Claims for rent . 37 Moving out because of very bad conditions . 37 Death of a tenant or a tenant’s spouse . 38 Tenant illness or accident . 38 Senior tenants needing to go to a nursing home or assisted living facility 39 Senior tenants accepted into subsidized housing or other low- or moderate-income housing . 39 Housing that is not handicapped accessible . 39 Domestic violence victims have the right to move . 40 Tenants must give written notice to the landlord . 40 The written notice must include other evidence of the threat . 40 When will the lease end? . 41 What about my security deposit? . 41 What if I live in public housing? . 42 Personal information must be kept confidential . 42 Chapter 6: Your Right to Safe and Decent Housing . 43 The warranty of habitability . 43 State and local housing and property maintenance codes . 44 Examples of some common issues and problems . 44 Heat requirements . ..
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