Landlord and tenant obligations (2024)

FAQs

Landlord and tenant obligations? ›

According to New Jersey landlord-tenant law, landlords have the right to collect rent payments when they're due, use the security deposits to cover damages that exceed normal wear and tear and provide safe eviction procedures if the tenant fails to pay rent or violates the lease.

Landlords typically provide the necessary maintenance or repairs during the rental period, while the tenant or leaseholder is responsible for the cleanliness and general upkeep of the property. Specific duties and obligations of each party are normally outlined in a lease agreement.

Residential leases carry an “implied warranty of habitability.” This means that a landlord has a duty to maintain the rental unit and keep it fit for residential purposes throughout the entire term of the lease and that the landlord must repair damage to vital facilities.

The Landlord shall provide a safe and clean building including: provision of utilities including electricity, water and gas, telephone and internet access; an exterior receptacle for trash pickup; and cleaning of the building including rest rooms and windows.

A landlord may request entry to a rental unit to perform other services or to show the unit for re- renting or sale. However there is no law that obligates a tenant to allow a landlord access to the rental premises for purposes other than inspection, maintenance and repair.

Final answer: The responsibility typically not expected of tenants is making electrical repairs to the smoke alarm. Lease agreements should be clear about responsibilities, and maintenance is usually the landlord's duty.

SECURITY DEPOSITS

Landlords usually require a security deposit from tenants when renting residential property. The security deposit can be used only at the “natural expiration” of the lease to pay for: Damage to the property; • Unpaid rent; and • Other unpaid debts.

Tenant rights grant them the ability to seek housing without any kind of discrimination from their landlord, as well as to ensure habitable housing conditions. New Jersey landlord-tenant law also allows tenants to request property repairs on time.

Rent Control

The State of New Jersey does not have a law governing rent increases. However, municipalities within the State may adopt ordinances regulating the amount and frequency of rent increases within their specific municipality. A municipality's ordinance may not cover all rental units.

Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators.

What is the basic responsibility of a landlord? ›

Landlords must maintain common areas and plumbing, make sure the heat works in the winter, and keep the rental property in working order. As a landlord, you have a legal duty to perform necessary repairs and maintenance for occupancy. This includes major repairs.

These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems. If a landlord fails to meet these requirements, the lessee has the option of deducting the costs of repair from his rent or vacating the premises with no constraints.

State laws often require that landlords maintain habitable conditions, comply with relevant housing codes, make repairs, keep common areas in safe conditions, supply running water and heat, and maintain appliances supplied by the property. Laws in 35 states stipulate that a landlord must maintain habitable conditions.

New Jersey landlord-tenant law does not state a specific amount of time landlords have to fix issues with rental units. However, if landlords do not complete repairs in a reasonable amount of time, tenants may conduct repairs and deduct repair costs from their rent.

Should any of the options be used, the landlord must issue a 3-Month Notice to Quit to allow the tenant time to vacate the property. If the tenant is unable to vacate the property within 3 months, then the landlord may continue filing for eviction.

Peace and Quiet. Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.

Landlords in Florida cannot include provisions that waive the tenant's basic rights, such as the right to a court hearing, or provisions that allow the landlord to retain the security deposit without justification. Illegal clauses that impose excessive late fees beyond what is considered reasonable are also forbidden.

Landowners owe invitees the highest duty to exercise ordinary care in keeping the premises free of dangerous defects.