Tenant Rights and Responsibilities
Having a dispute with your landlord?
Facing an eviction?
Worried about rent increases?
Read Below!
(Disclaimer: These laws apply to tenants in the State of New Jersey)
Facing an eviction?
Worried about rent increases?
Read Below!
(Disclaimer: These laws apply to tenants in the State of New Jersey)
1.) Under what circumstances can I be legally evicted in the State of New Jersey?
A landlord can evict a tenant only if a Superior Court judge grants your landlord permission. The landlord must sue the tenant in a Superior Court case and win. A landlord is not allowed to cut utilities or lock tenants out of their home in order to force them to move. The landlord also cannot legally call the police to evict you without a warrant of removal from the Superior Court. Even with the warrant of removal only a special court officer can conduct the eviction.
If your landlord successfully sues and wins the right to evict, they must still apply for a warrant of removal from the Superior Court.
As a tenant you have the right to call the police for protection if your landlord attempts to evict you without a warrant of removal from the Superior Court. An illegal eviction is called a disorderly persons offense and is punishable under the law.
Under special circumstances even after being served a warrant of removal, a tenant may still be able to overturn the eviction if:
- You did not get the summons and complaint, and the warrant for removal is the first court paper you received telling you of any legal action against you.
- You have new proof showing that you should have won the case.
- You were told by the landlord that the case was settled and that you did not have to go to court, but the landlord then went to court and obtained a judgment for possession.
See NJ statutes:
N.J.S.A. 2A: 39-1 and 2; N.J.S.A. 2A:18-57; N.J.S.A 2A:42-10.16;
Community Realty Management, Inc. v. Harris, 155 N.J. 212 (1998); Morristown Housing Authority v. Little, 135 N.J. 274 (1994).
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Fighting-Evictions.aspx#.UxPO-PRdX5I
2.) I am being evicted. What if I can't find a place to live?
Tenants may apply for a hardship stay of eviction. Under certain circumstances a tenant may be allowed to remain in their apartment up to six months. A tenant must prove to the court that they have no other place to go. Moreover, a tenant must not owe any back rent and must prove that they are able to pay all future rent for the remaining six months.
See NJ Statute:
N.J.S.A 2A:42-10.6
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/After-Eviction-Hearing.aspx#.UxPQS_RdX5I
3.) What if I am being evicted but have a terminal illness that makes it hard to move?
If a tenant is terminally ill, the Superior Court may allow the tenant to remain in the property for one additional year. The tenant must owe no back rent, must be certified by a doctor to be terminally ill, must have been a tenant under the landlord for two years, and present evidence that the tenant will have difficulty securing new housing.
See NJ Statues:
N.J.S.A. 2A:18-59.1.
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/After-Eviction-Hearing.aspx#.UxPQS_RdX5I
4.) I'm being evicted for not paying the rent. Where can I turn to for help?
There are two New Jersey programs designed to help tenants that have fallen behind on rent payments due to a financial crisis.
1.) Homelessness Prevention Program (HPP)
The Homelessness Prevention Program helps tenants who are behind on rent because of a financial crisis. To qualify, a tenant must demonstrate that they are behind on rent because of a temporary crisis. (i.e. a job layoff). The tenant must also demonstrate that they will be able to pay their own rent after the temporary crisis is over. A tenant must also prove that their landlord has served a summons and complaint for non-payment of rent.
Assistance from the HPP is also available for homeless individuals who need assistance with affording a security deposit and a few months rent.
It is recommended that you apply for the HPP as early in the eviction process as possible as there may be a delay in processing applications.
To Apply for the HPP Contact:
Janet Cruz
Puerto Rican Association for Human Development (PRAHD)
89 Truman Drive
Edison, NJ 08817
Phone: (732) 638-2870
You can also reach the State Homelessness Prevention Program office at: 1-866-889-6270
2.) Emergency Assistance (EA)
Tenants that are eligible for WorkFirst NJ or Supplemental Security Income (SSI) may receive rental assistance from the EA. Tenants wishing to apply for EA must provide an eviction notice from their landlord and demonstrate that they will be able to continue paying rent after the EA's assistance. Tenants must demonstrate that they needed to use rent money to pay for food, clothing, or other essentials. If you are evicted and become homeless the EA may also provide assistance with security and utility deposits for a new apartment and a small allowance for furniture. Applications for the EA are made at your county welfare office.
For Middlesex County:
Middlesex County Board of Social Services
Phone: 732-745-3500 or Toll Free at 1-800-SOCIAL2
For more information on the HPP and EA:
http://www.lsnjlaw.org/Housing/Homelessness/Pages/Programs-Prevent-Eviction.aspx#.UxPZyPRdX5I
5.) My landlord just raised the rent. Is this legal?
In order to legally increase the rent a landlord must wait until the end of the lease contract. In other words, if your lease is for one year a landlord is legally unable to raise the rent during that one year period. After the lease is up, the landlord must initiate a new lease contract with the tenant with the new increased rent.
Proper written notice must be given to the tenant detailing any proposed rent increases before a new rental agreement begins. The landlord must give you the option of continuing to rent the property at the increased rental rate. If you rent on a month to month basis, a landlord must provide a written notice of the rent increase a month before it is to take effect. As with a year long lease the landlord must a.) end the old lease and b.) allow you to begin the new lease at the higher rate.
Tenants have a legal right to a rent increase that is reasonable as determined by local rent control laws. If a tenant's rent is above local legal rents set by the local rent control board, a tenant has the right to sue for the amount of illegal rent they have already paid. This may be deducted from future rent payments or paid directly from the landlord.
Landlords may also apply for a hardship increase if they can prove they must raise rents to deal with financial hardship. This special type of rent increase may occur in the middle of a rental lease. A tenant may challenge the hardship increase if they can prove the landlord is not dealing with financial hardship.
See NJ Statues: N.J.S.A. 2A:18-61.1(f)
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Rent-Increases/Pages/Your-Rights-Around-Rent-Increases.aspx#.UxPhQ_RdX5I
A landlord can evict a tenant only if a Superior Court judge grants your landlord permission. The landlord must sue the tenant in a Superior Court case and win. A landlord is not allowed to cut utilities or lock tenants out of their home in order to force them to move. The landlord also cannot legally call the police to evict you without a warrant of removal from the Superior Court. Even with the warrant of removal only a special court officer can conduct the eviction.
If your landlord successfully sues and wins the right to evict, they must still apply for a warrant of removal from the Superior Court.
As a tenant you have the right to call the police for protection if your landlord attempts to evict you without a warrant of removal from the Superior Court. An illegal eviction is called a disorderly persons offense and is punishable under the law.
Under special circumstances even after being served a warrant of removal, a tenant may still be able to overturn the eviction if:
- You did not get the summons and complaint, and the warrant for removal is the first court paper you received telling you of any legal action against you.
- You have new proof showing that you should have won the case.
- You were told by the landlord that the case was settled and that you did not have to go to court, but the landlord then went to court and obtained a judgment for possession.
See NJ statutes:
N.J.S.A. 2A: 39-1 and 2; N.J.S.A. 2A:18-57; N.J.S.A 2A:42-10.16;
Community Realty Management, Inc. v. Harris, 155 N.J. 212 (1998); Morristown Housing Authority v. Little, 135 N.J. 274 (1994).
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Fighting-Evictions.aspx#.UxPO-PRdX5I
2.) I am being evicted. What if I can't find a place to live?
Tenants may apply for a hardship stay of eviction. Under certain circumstances a tenant may be allowed to remain in their apartment up to six months. A tenant must prove to the court that they have no other place to go. Moreover, a tenant must not owe any back rent and must prove that they are able to pay all future rent for the remaining six months.
See NJ Statute:
N.J.S.A 2A:42-10.6
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/After-Eviction-Hearing.aspx#.UxPQS_RdX5I
3.) What if I am being evicted but have a terminal illness that makes it hard to move?
If a tenant is terminally ill, the Superior Court may allow the tenant to remain in the property for one additional year. The tenant must owe no back rent, must be certified by a doctor to be terminally ill, must have been a tenant under the landlord for two years, and present evidence that the tenant will have difficulty securing new housing.
See NJ Statues:
N.J.S.A. 2A:18-59.1.
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/After-Eviction-Hearing.aspx#.UxPQS_RdX5I
4.) I'm being evicted for not paying the rent. Where can I turn to for help?
There are two New Jersey programs designed to help tenants that have fallen behind on rent payments due to a financial crisis.
1.) Homelessness Prevention Program (HPP)
The Homelessness Prevention Program helps tenants who are behind on rent because of a financial crisis. To qualify, a tenant must demonstrate that they are behind on rent because of a temporary crisis. (i.e. a job layoff). The tenant must also demonstrate that they will be able to pay their own rent after the temporary crisis is over. A tenant must also prove that their landlord has served a summons and complaint for non-payment of rent.
Assistance from the HPP is also available for homeless individuals who need assistance with affording a security deposit and a few months rent.
It is recommended that you apply for the HPP as early in the eviction process as possible as there may be a delay in processing applications.
To Apply for the HPP Contact:
Janet Cruz
Puerto Rican Association for Human Development (PRAHD)
89 Truman Drive
Edison, NJ 08817
Phone: (732) 638-2870
You can also reach the State Homelessness Prevention Program office at: 1-866-889-6270
2.) Emergency Assistance (EA)
Tenants that are eligible for WorkFirst NJ or Supplemental Security Income (SSI) may receive rental assistance from the EA. Tenants wishing to apply for EA must provide an eviction notice from their landlord and demonstrate that they will be able to continue paying rent after the EA's assistance. Tenants must demonstrate that they needed to use rent money to pay for food, clothing, or other essentials. If you are evicted and become homeless the EA may also provide assistance with security and utility deposits for a new apartment and a small allowance for furniture. Applications for the EA are made at your county welfare office.
For Middlesex County:
Middlesex County Board of Social Services
Phone: 732-745-3500 or Toll Free at 1-800-SOCIAL2
For more information on the HPP and EA:
http://www.lsnjlaw.org/Housing/Homelessness/Pages/Programs-Prevent-Eviction.aspx#.UxPZyPRdX5I
5.) My landlord just raised the rent. Is this legal?
In order to legally increase the rent a landlord must wait until the end of the lease contract. In other words, if your lease is for one year a landlord is legally unable to raise the rent during that one year period. After the lease is up, the landlord must initiate a new lease contract with the tenant with the new increased rent.
Proper written notice must be given to the tenant detailing any proposed rent increases before a new rental agreement begins. The landlord must give you the option of continuing to rent the property at the increased rental rate. If you rent on a month to month basis, a landlord must provide a written notice of the rent increase a month before it is to take effect. As with a year long lease the landlord must a.) end the old lease and b.) allow you to begin the new lease at the higher rate.
Tenants have a legal right to a rent increase that is reasonable as determined by local rent control laws. If a tenant's rent is above local legal rents set by the local rent control board, a tenant has the right to sue for the amount of illegal rent they have already paid. This may be deducted from future rent payments or paid directly from the landlord.
Landlords may also apply for a hardship increase if they can prove they must raise rents to deal with financial hardship. This special type of rent increase may occur in the middle of a rental lease. A tenant may challenge the hardship increase if they can prove the landlord is not dealing with financial hardship.
See NJ Statues: N.J.S.A. 2A:18-61.1(f)
For more information:
http://www.lsnjlaw.org/Housing/Landlord-Tenant/Rent-Increases/Pages/Your-Rights-Around-Rent-Increases.aspx#.UxPhQ_RdX5I