Town Topics, February 2, 2005 Legal Forum:
"New Jersey’s Residential Landlords
face Statutory Duties"
by Raymond M. Kang, Esq.Reprinted with permision of the Town Topics.
Every residential landlord who has had a problem with a tenant probably understands the importance of having a written lease that clearly states the rights, duties and obligations of both the landlord and the tenant. This is why it is commonly stated that the most important phase in the landlord-tenant relationship is the lease negotiation phase. Most landlords focus their energies on putting together a lease document that provides maximum protection of their interests. What many landlords do not realize however, is that there are a number of statutory duties and obligations that, if not met, could affect the landlord’s rights regardless of the lease’s stated terms. The following identifies some statutory requirements that are often overlooked by landlords.
1. Landlord Registration Statement:N.J.S.A. 46:8-27 et. seq. Every residential landlord in New Jersey is required to file a Landlord Registration Statement that contains specific information about the landlord and the property. A landlord who owns property that has two or fewer rental units must file the Landlord Registration Statement with the municipality in which the property is located. All other landlords must file the Landlord Registration Statement directly with the Department of Community Affairs. Once the Landlord Registration Statement is filed, a copy must be posted within the property in a location that is easily visible and given to the tenant at the commencement of the tenancy. If a landlord fails to file a Landlord Registration Statement, the landlord may not be able to evict a tenant in a legal action for possession.
2. Crime Insurance: N.J.S.A. 46:8-38 et. seq. All residential landlords in New Jersey have an obligation to advise their tenants within thirty days of occupancy of the tenants right to purchase renter’s insurance to protect from theft or damage to personal property.
3. Truth in Renting: N.J.S.A. 46:8-43 et. seq. Every residential landlord in New Jersey is required to provide the tenant a copy of a booklet published by the Department of Community Affairs titled “Truth in Renting” at the commencement of the tenancy.
4. Security Deposit Act: N.J.S.A. 46:8-19 et. seq. Every residential landlord in New Jersey is required to deposit any security deposit paid by the tenant in an interest bearing account and then provide the tenant in writing the name and address of the depository institution within thirty days of receiving the security deposit. If a landlord should fail to so notify the tenant, the tenant has the right to request that the security deposit be applied to rent, and the landlord may not seek another security deposit from the tenant during the tenancy. Within thirty days of the lease’s termination, the landlord is required to return the security deposit to the tenant with interest, less any deductions pursuant to the lease. If a landlord should fail to do so, the landlord will be liable to the tenant for double the amount of the security deposit that is wrongfully withheld.
Failing to comply with any of the statutory requirements listed above can adversely affect a residential landlord’s rights and subject the landlord to significant fines and penalties. Therefore, it is important that landlords not only know their legal duties and obligations, but comply with those legal duties and obligations in order to maximize the benefit they can achieve as landlords in New Jersey.
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