The laws and procedures governing the relationship between landlords and tenants have been enacted in New Jersey altered and revised over many decades. The statutory scheme that has evolved provides separate and distinct remedies and penalties which may turn and depend simply on whether there is a written Lease signed by both parties, a month-to-month tenancy, or whether a landlord resides in the house having three or less residential units.
For example, if a landlord resides on the premises which has three or less residential units and the tenancy is based on a month-to-month tenancy rather than a Lease, the landlord can request by proper notice that the tenant vacate the premises. However, if the house in which the tenant resides contains more than three residential units, is not occupied by the landlord or the tenancy is the subject of a Lease, the landlord does not have the ability to ask the tenant to vacate the premises without following certain strict procedures.
Landlord/tenant matters are very fact sensitive. It is advisable that a landlord consult with an attorney before renting to a tenant to learn how to navigate the minefield of landlord/tenant law. A tenant should also consult with an attorney who is knowledgeable in landlord/tenant law before executing a Lease.
Frequent problems develop between a landlord and a tenant. Sometimes the issues concern a violation of a Lease by a tenant or the overreaching conduct of a landlord. If you have questions concerning a landlord/tenant dispute, or believe that you have been unfairly treated, or are the victim of an improper attempt at eviction, contact the Linden, NJ Law Office of Jeffrey J. Chornoboy to discuss your needs and rights under the law.