New Jersey Landlord-Tenant Lawyer Advises and Advocates in Lease Disputes
North Bergen and Wyckoff attorney represents residential lessors and lessees
Landlord-tenant disputes may arise for many reasons, and they can end badly if either party does not understand their legal rights and obligations. At The Law Office of Joseph A. Rutigliano, L.L.C., I have 20 years of experience in the field and an in-depth knowledge of New Jersey landlord-tenant law. Whichever side you are on, I can thoroughly analyze your problem and develop a strategy to attain a constructive solution.
Rights and responsibilities of landlords and tenants
Landlords and tenants of residential properties have multiple rights and obligations. Landlords have the right to collect rent unless they fail to make repairs that are required to keep the property habitable. In that event, the tenant may withhold rent until the repairs are made. The landlord must give notice before entering the leased property to make repairs or for any other reason. The law also sets restrictions on security deposits and requires specific periods of notice before evictions. Tenants are protected from discrimination and retaliation by their landlords. I advise landlords and tenants on their rights and responsibilities and take appropriate action to enforce them as required.
Landlord-tenant disputes
Disagreements can arise over such issues as rent payments, maintenance responsibilities and property conditions. Rent-related conflicts can occur when tenants fall behind on payments or when landlords attempt to increase rent beyond legal limits or lease terms. Maintenance disputes often erupt when landlords fail to address necessary repairs or when tenants do damage to real estate. Property condition disagreements can involve concerns about safety, cleanliness or violations of health codes. Additionally, there can be disputes over lease terms, such as unauthorized occupants or pets. Most disagreements can be resolved out of court, but I do not hesitate to take a case to trial if no agreement can be reached.
Landlord-tenant issues can also arise over:
- Security deposits — These are limited to 150 percent of the monthly rent in the first year and must be returned after the tenant leaves, minus the costs of any damage to property.
- Housing discrimination — Federal and state laws prohibit discrimination in housing based on race, religion, age, gender, sexual orientation and familial status.
I assist both landlords and tenants with resolution of these and other disputes, with the goal of minimal disruption and expense whenever possible.
The eviction process
Landlords can terminate a lease for cause upon compliance with certain rules, including giving proper notice. A tenant is entitled to a month’s notice if the grounds for eviction are habitual failure to pay rent, continuing violation of the landlord’s reasonable rules or refusal to accept reasonable changes in the terms and conditions of the lease.
However, the landlord need give only three days’ notice for evictions based on disorderly conduct, destruction of property, human trafficking, assaults or threats against the landlord, conviction of a drug crime committed on or adjacent to the premises, theft from the landlord, the landlord’s family or employee or another tenant.
Once the required period of notice has expired, the landlord may file a court action to evict the tenant. A tenant may defend on the grounds that the landlord failed to follow the proper procedures, that the basis for eviction is unreasonable or that the eviction is discriminatory or retaliatory.
If the ground for eviction is a lease violation, the tenant might be able to cure it. Whenever reasonable, a workout without litigation is generally preferable for both sides.
Contact a reliable landlord-tenant lawyer serving Hudson and Bergen counties
The Law Office of Joseph A. Rutigliano, L.L.C. in North Bergen and Wyckoff provides counsel in a full range of New Jersey landlord-tenant matters. To schedule a consultation, please call 201-201-7377 or contact me online.
