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Does anyone know what my tenant's rights are under New Jersey law? I have looked it up, but this stuff is very confusing and not answering my questions.

Essentially, my landlord is threatening to raise my rent because utilities are too high (they are included in rent), and also raise my rent because my boyfriend spends the weekends with me at my apartment. Is this legal? I thought this fell under the category of 'quiet enjoyment.'

2007-09-05 02:32:18 · 4 answers · asked by Sam3931 3 in Business & Finance Renting & Real Estate

4 answers

New Jersey is a very tenant friendly state. That means that the laws favor the tenants over the landlord in many situations . with that said, the lease is the document to go by for what is or is not allowed.

for the increase for rent because of the utility usage, some leases state that there may be increases during the term of the lease. For example in my leases I have it stated that if there is an increase in property taxes then the amount of that increase is passed on to the tenant. I only include Water as a utility and for that I include the first $30 of the water bill. The tenant is responsible for any amount over $30 per month. If your lease lists something about excessive utility charges being passed to the tenant then your landlord can do it. if not he cant.

Another thing to check is how long your lease is for. Is it a year long lease or is it a month to month lease? Many year long leases convert to a month to month lease at the end of 1 year. You'll need to figure this out. If you are on a month to month lease then your landlord can raise your rent with 30 days notice. If you are on a year long lease then he cannot raise it until the lease is up.

Lastly for your boyfriend staying over, you will need to look at your lease again. Most leases have clauses for guests. For example in my leases i state that guests cannot stay for more than 3 days without the landlord's consent. I chose 3 days because I don't really care if one of my tenant's boyfriend/girlfriend stays the weekend. I don't want them moving in for weeks at a time so I chose 3 days. You'll need to see what your lease says about it.

2007-09-05 03:19:57 · answer #1 · answered by Patrick 5 · 0 0

"The law requires a landlord to take certain steps in order to make you pay an increase in rent. First, your existing lease at your present rent has to end. This means that the landlord cannot increase the rent during your lease. For example, if you have a lease for a one-year period, the rent cannot be increased during the period of the lease. To raise the rent, the landlord has to wait until your lease is about to expire and then take action to end your lease.

Second, the landlord has to offer you the option of entering into a new lease after the old lease expires. This new lease may be at a higher rent. The next section describes how a landlord must end your lease and offer a new lease at a higher rent." Quoted from site below.

2007-09-05 02:50:21 · answer #2 · answered by MR 2 · 0 1

If you have a lease, the lease will determine if your rent can be raised. If your lease is expired or if you are month-to-month the landlord can raise the rent as often and as much as he or she wishes.

This has NOTHING to do with quiet enjoyment!

2007-09-05 02:41:57 · answer #3 · answered by Bostonian In MO 7 · 2 0

Well if your under a lease if it expires he can up the rent but not that much. Dont sign a new lease if you dont agree to the new rent etc.
Your fully protected if your lease is not expired, but if it is up your rent can go up but not that much.

2007-09-05 02:40:42 · answer #4 · answered by buyingahouse 1 · 0 2

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