Landlord/Tenant Disputes Attorney in Woodbridge, New Jersey

The relationship between landlords and tenants is often complex. When one party—the landlord or tenant—defaults on their expected duties under the rental agreement, it may result in a dispute. Landlord-tenant disputes usually occur due to property maintenance, nonpayment of rent, property damage, breach of lease, or an unlawful detainer concern. If you're engaged in a landlord-tenant dispute, consulting with an experienced New Jersey real estate attorney is imperative for proper guidance.

At Adams, Cassese & Papp L.L.C., I am committed to offering outstanding legal services and reliable advocacy to clients in real estate and landlord-tenant disputes matters. As a real estate attorney, I am available to discuss your unique situation and help you understand the various dispute resolution options that are available to you. I will work diligently with all parties involved and attempt to resolve landlord-tenant disputes promptly and efficiently.

Adams, Cassese & Papp L.L.C. proudly serves clients across Woodbridge, New Jersey, and surrounding areas of Sayreville, Edison, and Perth Amboy.

New Jersey Landlord-Tenant Laws

In the State of New Jersey, landlord-tenant laws are designed to govern the rental of residential and commercial properties. Understanding these landlord-tenant laws is the first step toward understanding your rights and obligations as a landlord or tenant. Here are some essential laws that tenants and landlords in New Jersey must know:

Required Landlord Disclosures

New Jersey laws require landlords to disclose certain information to tenants in the lease or rental agreement. These include:

• Whether the rental apartment is in a flood zone.

• The legal rights and responsibilities of both the tenants and landlords.

• Information about tenants' rights to request window guards for child protection.

Security Deposit Limit and Return

• Landlords can charge the equivalent of one and one-half month's rent for the security deposit.

• Landlords must return the tenant's security deposit within 30 days after the tenant vacates the rental property or within five days in case of flood, fire, condemnation, or evacuation.

Small Claims Lawsuits

• The tenant may file a lawsuit against the landlord in small claims court for the deposit return, seeking maximum compensation of $5,000.

Late Fees and Other Rent Rules

• The lease or rental agreement must indicate the amount of rent, when rent is due, mode of rent payment, and consequences of late payment.

• Landlords must wait five days before charging a late fee.

• Landlords must give tenants at least 30 days' notice—in writing—to increase rent or change rental agreement terms.

• Landlords must not increase rent in a discriminatory manner or use increment as retaliation.

• Landlords must give tenants at least 30 days to pay the rent or move.

Tenant Rights to Withhold Rent

• If a landlord fails to make important repairs promptly, tenants may withhold rent or exercise the right to "repair and deduct."

Termination and Eviction Rules

• The landlord may terminate a tenancy with a three days' notice if a tenant violates the terms of the lease/rental agreement.

Landlord Access to Rental Property

• Landlords must provide one days' notice of entry for inspections and repairs.

This is not a comprehensive list of New Jersey landlord-tenant laws. There are still other state laws affecting both property owners and renters. Violating any of these laws or being delinquent on your expected obligations under the rental agreement may result in a landlord-tenant dispute.

Common Disputes

Some of the most common landlord-tenant disputes in New Jersey include:

• Nonpayment of rent

• Security deposits & disagreement regarding what is considered as "damage."

• Property maintenance

• Withholding pet deposit

• Property damages

• Habitability issues

• Safety disclosures

• Tenants breaking the lease agreement

• Violation of community codes

• Interest and taxes

An experienced attorney can enlighten you about your rights and obligations and explore your possible legal options to resolve landlord-tenant disputes.

Dispute Remedies

It’s possible to settle disputes between landlords and tenants. Below are some ways to resolve disputes landlord-tenant disputes in New Jersey:

Arrange a Settlement Meeting - This requires organizing a settlement meeting between the landlord and the tenant to discuss and resolve any pending issues or differences amicably.

Mediation - In mediation, both parties will come together to discuss a feasible resolution. A mediator or mediation attorney will work diligently to negotiate with both parties and help facilitate a possible settlement.

Arbitration - In arbitration, both the tenant and landlord will provide testimony and submit evidence to one or more arbitrators. The arbitrators will evaluate the available evidence and help decide the best possible resolution for the dispute.

Litigation - If settlement meetings, mediation, or arbitration are not pursued—or not productive—litigation may be another option. This involves filing a lawsuit against the other party in civil court. A court hearing will be scheduled where both parties or their legal representatives will be allowed to present their case. A judge will review the evidence and issue a judgment settling the landlord-tenant dispute.

How a Real Estate Attorney Can Help

Resolving disputes between tenants and landlords can involve several complicated processes. If you are engaged in a landlord-tenant dispute or if you feel your landlord rights have been violated, contact a skilled real estate law attorney to protect these rights. At Adams, Cassese & Papp L.L.C., I have the experience and resources to guide New Jersey clients through the complexities of resolving landlord-tenant disputes. As your legal counsel, I will evaluate every aspect of your situation and explore the dispute resolution options available to you. Whether you are considering a settlement meeting, mediation, arbitration, or litigation, let’s fight diligently to protect your best interests and help you make informed choices going forward.