Tips for moving into an apartment

Before moving in, get a written lease that clearly states the lease terms, monthly rent, and any additional fees. You should walk through the apartment and address any defects with the landlord. When you sign your lease, make sure that you get a copy and that you get a receipt for any payments made.

Am I required to pay my landlord a security deposit?

Landlords can require payment of a security deposit in the amount of one and a half months rent.

Can my landlord charge a pet deposit or pet rent?

Yes. Your landlord can charge a pet deposit so long as it does not surpass one and a half month’s rent. Landlords are allowed to charge an additional amount for pet rent. Landlords cannot charge additional rent or deposit for service animals.

Can my landlord refuse to accept a rental subsidy?

No, your landlord cannot refuse to accept a rental subsidy. Refusing to accept a rental subsidy can be considered a discriminatory practice and you may file a complaint with the New Jersey Division of Civil Rights by calling 1-866-405-3050.

Can my landlord require that I pay my rent online or in cash?

No, landlords cannot require you to pay rent by a specific method.

Am I entitled to a grace period to make rent payments?

No late charges shall be payable so long as your rent is received within five (5) business days from the first of the month.
This only applies to senior citizens who received Social Security Old Age pensions, Railroad retirement pensions, and by all recipients of Social Security Disability Benefits, Supplemental Security Income or benefits under Work First New Jersey.

Is my landlord allowed to raise the rent?

Yes. Your landlord must give thirty (30) days written notice of the rent increase before your lease expires. Rent Control ordinances may limit the rent increase.

Is my landlord obligated to supply heat to my apartment?

Yes, if heat is included in your lease, the landlord is obliged from October 1 to May 1 to keep the apartment at 68 degrees between of 6 a.m. and 11 p.m. and 65 degrees at night under state law.

What should I do if my landlord fails to supply heat?

After notification, if they fail to take action, call your local housing inspector as they can enforce heating requirements.
If you get a shut-off notice, ask the utility company to keep your heat on between November 15 and March 15 if you get SSI, PAAD, HEAP, Lifeline Credit Program, or welfare, or if you cannot pay your bills because of circumstances beyond your control.

Is the landlord obligated to make repairs to my apartment?

Yes. If the repairs are required to maintain vital facilities, the landlord is obligated to make the repairs.
You should notify the landlord in writing of the need for repairs and allow reasonable time to address the issue. If the landlord refuses to make the necessary repair, you may have the repairs made yourself and deduct the cost from your rent, or you may temporarily set aside the rent.

What if my apartment building is being converted to a condominium or co-op?

Senior citizens and the disabled are protected from eviction because of a conversion of property to condominiums or co-ops when the household income is no higher than three times the per capita income in the county in which they live or $50,000, whichever is greater; and when the individual is more than 62 years old or is the surviving spouse of a senior citizen who has used the unit as a principal residence for one year and who is at least 50 years of age. The protection is good for a period of 40 years. If you have any questions, call the New Jersey Department of Community Affairs at 609-292-7899.

Can I be evicted?

A tenant can be evicted for reasons such as:

• Failure to pay rent.
• Damage to premises willfully or through gross negligence.
• Violation of rules and regulations in lease.
• Repeated late rent.
• The landlord of a building with three apartments or less wants to personally occupy your apartment or sell the building to a buyer who wants to live in your apartment.

Can a landlord lock me out of my apartment?

No. Only a Court Officer may conduct a lockout. If your landlord tries to lock you out or change the locks you should call the police.

How does the eviction process work?

The landlord files a complaint in court providing the grounds for eviction. The court issues a summons and complaint to the tenant. Contact the court if you need a disability accommodation or interpretation services for your trial date.

If you do not appear for trial, the court enters a judgement for possession by default. On your trial date, there will be an opportunity to try to settle the case.

If the case is not settled, the judge will hear the case. If the landlord does not prove the case, the case will be dismissed. If the landlord proves the case and the court finds that the tenant does not have a defense, the court will enter a judgment of possession. A Court Officer can only do a lockout at minimum ten days after your trial date.

What about my belongings?

The landlord cannot throw away your remaining belongings and needs to give you at least 30 days notice before disposing of your property.

Tips for moving out of an apartment

Tenants must leave the unit in clean condition. Take pictures of the unit before returning your keys to the landlord. Provide your landlord with a new address to which the landlord may return your security deposit. You should remove your name from any utilities upon moving out.

For a more detailed information, please review Legal Services of New Jersey’s publication, Tenants’ Rights in New Jersey: A legal manual for tenants in New Jersey, available at https://www.lsnjlaw.org/Publications/Pages/Manuals/ TenantsRights.pdf.