08 Jan Can You Fight An Eviction Based On NJ Landlord Tenant Law?
Can You Fight An Eviction Based On NJ Landlord Tenant Law?
When you receive an eviction notice, it could mean that you and your family might become homeless.
All of us want to protect our own. If you’re a tenant, you need to know your rights under NJ landlord tenant law.
Read up our guide below for the lowdown in case an eviction notice comes to your door.
Late Payment of Rent
It’s a given that a good tenant always pays their rent on time. Still, you just never know what’s going to happen tomorrow.
Maybe a family member gets sick, and you have to go out of town to take care of them. Or what if you have an unexpected medical bill to attend to that drains your bank account that month?
Well, that’s when the rent might get missed.
The 30 Day Rule
When you’re late with the rent, NJ landlord tenant law states that your landlord has to give you 30 days to raise the funds needed for your rent payment.
As long as you make the rent within those 30 days, he can’t issue an eviction notice. Of course, leave your rent unpaid beyond 30 days, and any eviction notice, or 30 day notice to quit, will be valid.
Repair and Deduct
It’s your landlord’s responsibility to provide a safe and decent place for you to live. As part of NJ landlord tenant law, tenants have rights when it comes to utility payments and property repairs.
As part of your rental agreement, your landlord might’ve agreed to pay for utilities.
If your landlord refuses to pay these utility bills as per the written contract, then as a tenant, you’re allowed to deduct this amount from your rental payment.
Your landlord can’t evict you for deducting this amount from your rent, as it is his obligation to pay for these utilities, as per your rental contract. Period.
Under NJ landlord tenant law, your landlord’s required under law to provide you with safe and decent housing. Anything below this standard is unacceptable.
If repairs are needed to make a dwelling safe, your landlord has to carry these out. If he doesn’t, even after you’ve badgered him over it, then you’re able to withhold rent until he gets the repairs seen to. Hopefully that’ll speed things up.
Going to Court
If your landlord refuses to follow the rules in your rental agreement, it might, unfortunately, mean you need to go to court.
If that happens, it’d be a good idea to have a specialized lawyer in your corner.
As long as you’re within 30 days of your rent date, or withheld parts of it for the reasons above, you can argue this in court with the law firmly on your side.
If you do end up going to court, keep this tip in mind: If your rent’s unpaid, you’ve got until the courthouse closes, to pay it.
Deposit your missed rent to the courthouse with the clerk before the building shuts, and you’ll have officially paid the rent. That means you can’t be evicted for non-payment. Score.
NJ Landlord Tenant Law Protects You
You might’ve failed to pay your rent on the date in your agreement. Or maybe you’ve been forced to withhold or deduct rent because your landlord’s not holding up his end of the bargain.
In either case, be assured that, as a tenant, you’ve got rights to help you dispute it.
If you’re facing an eviction notice, contact us to see how we can help you fight it.