Landlord and tenant disputes can be stressful for both parties. A tenant facing an eviction can feel as though there is nowhere to turn, and a landlord may need help enforcing the terms of the rental agreement. At Dunne, Dunne & Cohen, LLC in Hoboken, NJ, our real estate attorneys have been practicing law for over 60 years combined, and take an active role in helping members of our community. We offer a free initial consultation to review your case and explain your legal options.
The Purpose of Landlord-Tenant Laws
Landlord-tenant laws are intended to protect the rights of both the landlord and the tenant. There are provisions about how to handle late rental payments, proper use and maintenance of the rental unit, treatment of security deposits, and what happens when the lease comes to an end. Understanding your rights and obligations under a lease is key to uninterrupted enjoyment of your home. Knowing these laws and providing details about what is allowed under the rental agreement helps protect both sides when a dispute arises.
An experienced attorney seeks remedies that make sense in landlord and tenant disputes. We protect your rights and answer your questions so you know what to expect.
Common Items in Landlord-Tenant Agreements
In New Jersey, it is common to find the following terms in a lease or rental agreement:
- Security deposit: A landlord can only charge up to one and a half’s month worth of rent as a deposit. A landlord is obligated to return a security deposit within 30 days after a tenant moves out, and that time frame is shorter if the move is due to an evacuation, fire, flood, or if the building is condemned.
- Notice of entry by landlord: A landlord is required to give at least one day’s notice prior to entering a tenant’s rental space. The exception to this rule is when an emergency arises, such as a safety threat, and the landlord needs to enter immediately.
- Rental agreement: The rental agreement must be in writing and contain the conditions of occupancy, describe the rental unit and space and penalties for late payment of rent, and include terms regarding insurance, automatic renewal, and kerosene heaters.
- Late fees: Tenants are entitled to a clearly written lease, outlining the date on which rent is late and the fee for paying after the due date.
There are rights that tenants have that are not included in lease or rental agreements. For example, in the case of an eviction, the tenant has the right to be notified of the date on which the landlord intends to take back possession of the property. If the tenant does not vacate, the landlord must file an eviction case with the court. The tenant is entitled to a copy of any eviction case filed and must be provided notice of the hearing date. Another example of tenants' rights includes the ability to withhold rent for a valid reason, such as improper maintenance.
Why Hire Dunne, Dunne & Cohen, LLC?
Our knowledgeable attorneys understand the rights and duties of both parties, and can fully explain what to expect if court action is necessary. During your free initial consultation, you will speak with one of our attorneys and learn which legal remedies are available to you, and how to enforce your rights. Our team has over 60 years of combined experience and is here to help you find solutions that meet your needs.
Contact Our Law Firm Today
If you have questions about landlord and tenant rights and responsibilities, let the real estate lawyers at Dunne, Dunne & Cohen, LLC help you today. To schedule a consultation, contact us online or call (201) 998-2727 (Kearny) or (201) 998-2727 (Hoboken).