Residential Rental Lease Agreement
Title 45
PROPERTY
Landlord Tenant
Attornments by tenant to strangers to title; effect:
Every attornment by a tenant of real estate to a stranger to the
title to the leased real estate shall be absolutely null and void, to all
intents and purposes whatsoever, and the possession of the landlord or
lessor shall not, by any such attornment, be in any way changed,
altered or affected. This section shall have no application to an
attornment made pursuant to or in consequence of a judgment at law
or a decree or order of a court of equity, or to an attornment made with
the privity and consent of the landlord or lessor, or to an attornment
to a mortgagee after the mortgage has become forfeited. 46:8-1.
Grantees or assignees of leased real estate or reversions thereof;
rights same as those of original lessors:
From and after November tenth, one thousand seven hundred and ninety-seven,
all persons and bodies politic and corporate, being grantees or assignees
of any real estate, let to lease, or of the reversions thereof from
any person, and the heirs, executors, administrators, successors
and assigns of such grantees or assignees, shall have and enjoy the
like advantages against the lessees, their executors, administrators and
assigns, by entry for nonpayment of rent, or for waste, or other forfeitures;
and also shall have and enjoy all the covenants, conditions and agreements
contained in their leases, demises or grants, against the lessees,
their executors, administrators and assigns, as the lessors themselves,
or their heirs, ought or might have had or enjoyed at any time.
46:8-2.
Lessees of real estate; rights against grantees of reversion:
From and after November tenth, one thousand seven hundred and ninety-seven,
all lessees of real estate for a term of years, life or lives, their executors,
administrators or assigns, shall have the like action and advantage against
all persons and bodies politic and corporate, their heirs, successors
and assigns, who have or shall have any gift or grant of the reversions
of such real estate so let, or any part thereof, for any condition,
covenant or agreement contained in their leases, as the same lessees,
or any of them, ought or might have had against such lessors, and
their heirs, excepting the right to recover upon any warranty of
title, by deed or implied by law. 46:8-3.
Original lease surrendered and new lease made; rights and
duties under new lease:
Whenever a lease shall be duly surrendered in order to secure a
renewal thereof, a new lease made and executed by the chief landlord, shall,
without the surrender of all or any of the under leases, be as good and
valid, to all intents and purposes, as if all of the under leases had been
surrendered at or before the taking of the renewal lease. Every person,
in whom any estate for life or lives or for years shall, from time to time,
be vested by virtue of such renewal lease, and his executors and administrators,
shall be entitled to the rents, covenants and duties, and have like remedy
for the recovery thereof, and the underlessees shall hold and enjoy
the premises comprised in their under leases, as if the original
lease, under and by virtue of which the under leases exist, had not
been surrendered. The chief landlord shall have and be entitled
to the same remedy by distress or entry upon the premises comprised in
any such under lease, for the rents and duties reserved by the renewal
lease, to the extent that the same do not exceed the rents and duties reserved
in the original lease, as he would have had if the original lease had not
been surrendered, or as he would have had if the under leases had been
renewed under the renewal lease. 46:8-4.
Judicial sale of leased interests:
The estate of any lessee of real estate, or of any estate or interest
therein, for life or for a term not less than two years, the lease whereof
shall have been recorded in the manner prescribed by law, shall be liable
to sale under a judgment or decree, in like manner only as estates of freehold
are liable to be sold thereunder. 46:8-5.
Injuries by fire to buildings on leased premises; repair
by landlord:
Whenever any building or buildings erected on leased premises shall
be injured by fire, without the fault of the lessee, the landlord shall
repair the same as speedily as possible. In default of such
repair the rent shall cease until such time as the building or buildings
shall be put in complete repair. This section shall not extend
or apply to cases wherein the parties have otherwise stipulated in
their agreement of lease. 46:8-6.
Buildings on leased premises totally destroyed by fire or otherwise;
lease terminated:
Whenever any building or buildings erected on leased premises
shall be totally destroyed by fire or otherwise, without the fault of the
lessee, the rent shall be paid up to the time of such destruction, and
then, and from thenceforth, the lease shall cease and come to an end.
This section shall not extend or apply to cases wherein the parties have
otherwise stipulated in their agreement of lease. 46:8-7.
Forfeiture of lease of premises used for prostitution or assignation:
If the lessee of any dwelling house or other premises situated in
this state shall use the same for purposes of prostitution or assignation,
the lease or agreement for letting the same shall thereupon become immediately
void, and the landlord may enter thereon, and shall have the same
remedies to recover possession as are given by law when a tenant
holds over after the expiration of his lease. 46:8-8.
Three months' notice to tenant to quit sufficient:
In all cases where a tenant is or may be entitled by law to notice
to quit the leased premises, in order to determine his tenancy, three months'
notice in writing to quit shall be deemed and taken to be sufficient.
46:8-9.
Termination on death:
Any lease for a term of one or more years of a property that has
been leased and used by the lessee solely for the purpose of providing
a dwelling place for himself, or for himself and his family, may be terminated
prior to the expiration date thereof, in the event of the death of such
lessee or in the event of the death of such lessee or his spouse, as the
case may be, upon notice duly given by such lessee or by the executor or
administrator of his estate or by the surviving spouse in the event that
such lease was executed jointly by husband and wife. Such termination
shall take effect on the fortieth day following the receipt by the lessor
of written notice thereof, and the rent shall be paid up to the time of
such termination, whereupon the lease shall cease and come to an end.
The property shall be vacated and possession shall be turned over to the
lessor at least five working days prior to the fortieth day following receipt
by the lessor of written notice. The provisions of this act shall
not apply to any lease the terms whereof shall explicitly provide otherwise.
46:8-9.1.
Termination on disability:
A lease for a term of one or more years of a property that has
been leased and used by the lessee solely for the purpose of providing
a dwelling place for himself, or himself and his family, may be terminated
prior to the expiration date thereof if the lessee or his spouse, or both,
suffer a disabling illness or accident, upon notice duly given by the lessee
or his spouse, on a form to be provided by the Director of the Division
of Housing and Development in the Department of Community Affairs, which
form shall include: a. certification of a treating physician that the lessee
or spouse is unable to continue to engage in gainful employment; b. proof
of loss of income; and c. proof that any pension, insurance or other subsidy
to which the lessee or his spouse is entitled is insufficient to supplement
the income of the lessee or his spouse so that the rent on the property
in question can be paid and that the income is necessary for payment of
the rent.
A lease may be terminated at a dwelling place that is not handicapped
accessible by a lessee or a member of his household who suffers a disabling
illness or accident, provided that notice is given to the lessor by the
lessee or his spouse or other adult family member, on a form to be provided
by the director which shall include: (a) certification from a licensed
physician that the lessee or a member of his household is handicapped and
that the handicap is likely not to be of a temporary nature, and (b) a
statement that the lessor has been asked to make the dwelling unit accessible
to the lessee or to a member of his household at the lessor's expense and
was unable or unwilling to do so. For purposes of this section, "handicapped"
shall mean any person who would be considered a handicapped person pursuant
to the definition in section 1 of P.L.1949, c.280 (C.39:4-204).
The termination shall take effect on the fortieth day following
the receipt by the lessor of the written notice, and the rent shall be
paid up to the time of termination, at which time the lease shall cease
and come to an end. The property shall be vacated and possession
shall be turned over to the lessor at least five working days prior to
the fortieth day following receipt by the lessor of written notice.
46:8-9.2.
Rules, regulations:
The Director of the Division of Housing in the Department of Community
Affairs shall, pursuant to the "Administrative Procedure Act," P.L. 1968,
c. 410 (C. 52:14B-1 et seq.), promulgate rules and regulations necessary
to effectuate the purposes of this act. 46:8-9.3.
Tenant holding over; tenancy from month to month:
Whenever a tenant whose original term of leasing shall be for a
period of one month or longer shall hold over or remain in possession of
the demised premises beyond the term of the letting, the tenancy created
by or resulting from acceptance of rent by the landlord shall be a tenancy
from month to month in the absence of any agreement to the contrary.
46:8-10.
Security deposits; investment, deposit, disposition:
1. Whenever money or other form of security shall be deposited or
advanced on a contract, lease or license agreement for the use or rental
of real property as security for performance of the contract, lease or
agreement or to be applied to payments upon such contract, lease or agreement
when due, such money or other form of security, until repaid or so applied
including the tenant's portion of the interest or earnings accumulated
thereon as hereinafter provided, shall continue to be the property of the
person making such deposit or advance and shall be held in trust by the
person with whom such deposit or advance shall be made for the use in accordance
with the terms of the contract, lease or agreement and shall not be mingled
with the personal property or become an asset of the person receiving the
same.
The person receiving money so deposited or advanced shall:
a. (1) Invest that money in shares of an insured money market fund
established by an investment company based in this State and registered
under the "Investment Company Act of 1940," 54 Stat. 789 (15 U.S.C. s.80a-1
et seq.) whose shares are registered under the "Securities Act of 1933,"
48 Stat. 74 (15 U.S.C. s.77a. et seq.) and the only investments of which
fund are instruments maturing in one year or less, or (2) deposit that
money in a State or federally chartered bank, savings bank or savings and
loan association in this State insured by an agency of the federal government
in an account bearing a variable rate of interest, which shall be established
at least quarterly, which is similar to the average rate of interest on
active interest-bearing money market transaction accounts paid by the bank
or association under 12 C.F.R. Part 1204.108, or equal to similar accounts
of an investment company described in paragraph (1) of this subsection,
less an amount not to exceed 1% per annum of the amount so invested or
deposited for the costs of servicing and processing the account.
This subsection shall not apply to persons receiving money for less
than 10 rental units except where required by the Commissioner of Banking
and Insurance by rule or regulation.
The commissioner shall apply the provisions of this subsection
to some or all persons receiving money for less than 10 rental units where
the commissioner finds that it is practicable to deposit or invest the
money received with an investment company or State or federally chartered
bank, savings bank or savings and loan association in accordance with this
subsection. Except as expressly provided herein, nothing in this
subsection shall affect or modify the rights or obligations of persons
receiving money for rental premises or units, tenants, licensees or contractees
under any other law.
b. Persons not required to invest or deposit money in accordance
with subsection a. of this section shall deposit such money in a State
or federally chartered bank, savings bank or savings and loan association
in this State insured by an agency of the federal government in an account
bearing interest at the rate currently paid by such institutions and associations
on time or savings deposits.
The person investing the security deposit pursuant to subsection
a. or b. of this section shall thereupon notify in writing each of the
persons making such security deposit or advance, giving the name and address
of the investment company, State or federally chartered bank, savings bank
or savings and loan association in which the deposit or investment of security
money is made, and the amount of such deposit or investment.
All of the money so deposited or advanced may be deposited or invested
by the person receiving the same in one interest-bearing or dividend
yielding account as long as he complies with all the other requirements
of this act.
The person receiving money so deposited or so advanced shall be
entitled to receive as administrative expenses, a sum equivalent to 1%
per annum thereon or 12.5% of the aggregate interest yield on the security
deposit, whichever is greater, less the amount of any service fee charged
by an investment company, a State or federally chartered bank, savings
bank or savings and loan association for money deposited pursuant to this
section, which shall be in lieu of all other administrative and custodial
expenses. The balance of the interest or earnings paid thereon by the investment
company, State or federally chartered bank, savings bank or savings and loan association, hereinafter referred to as tenant's portion,
shall belong to the person making the deposit or advance and shall be permitted
to compound to the benefit of the tenant, or be paid to the tenant in cash,
or be credited toward the payment of rent due on the renewal or anniversary
of said tenant's lease.
In the event the person receiving a security deposit fails to invest
or deposit the security money in the manner required under this section
or notify the tenant of the name and address of the investment company,
State or federally chartered bank, savings bank or savings and loan association
in which the deposit or investment of such security is made, and the amount
thereof, within 30 days after receipt of same from the tenant, or within
30 days after the effective date of this 1990 amendatory act, whichever
occurs later, the tenant may give written notice to the person receiving
the same that such security money be applied on account of rent payment
or payments due or to become due from the tenant, and thereafter the tenant
shall be without obligation to make any further security deposit and the
person receiving the money so deposited shall not be entitled to make further
demand for a security deposit.
The provisions of this section requiring that the security advanced
be deposited or invested in a money market fund, or in an interest bearing
account in a State or federally chartered bank, savings bank or savings and loan association shall
not apply to any security advanced on a contract, lease or license agreement
for the seasonal use or rental of real property. For purposes of
this paragraph "seasonal use or rental" means use or rental for a term
of not more than 125 consecutive days for residential purposes by a person
having a permanent place of residence elsewhere. "Seasonal use or rental"
does not mean use or rental of living quarters for seasonal, temporary
or migrant farm workers in connection with any work or place where work
is being performed. The landlord shall have the burden of proving
that the use or rental of the residential property is seasonal. 46:8-19
Rules, regulations:
The Commissioner of Banking may, in his discretion, promulgate
rules and regulations with respect to the establishment of the method of
computing the interest due to either the person receiving the money as
a security deposit or to the tenant pursuant to the provisions of P.L.1967,
c.265 (C.46:8-19 et seq.) or P.L.1971, c.223 (C.46:8-21.1 et seq.) if the
money is deposited in an account or in shares of an investment company
upon which the interest varies on a periodic basis. 46:8-19.1.
Procedure on conveyance of property:
Any person, whether the owner or lessee of the property leased,
who or which has or hereafter shall have received from a tenant or licensee
a sum of money as a deposit or advance of rental as security for the full
performance by such tenant or licensee of the terms of his contract, lease
or license agreement, or who or which has or shall have received the same
from a former owner or lessee, shall, upon conveying such property or assigning
his or its lease to another, or upon the conveyance of such property to
another person by a court in an action to foreclose a mortgage thereon,
at the time of the delivery of the deed or instrument of assignment, or
within five days thereafter, or in the event of the insolvency or bankruptcy
of the person receiving said deposit, within five days after the making
and entry of an order of the court discharging the receiver or trustee,
deal with the security deposit by turning over to his or its grantee or
assignee, or to the purchaser at the foreclosure sale the sum so deposited,
plus the tenant's portion of the interest or earnings accumulated thereon,
and notify the tenant or licensee by registered or certified mail of such
turning over and the name and address of such grantee, assignee or purchaser.
46:8-20.
Liability on transfer:
Any owner or lessee turning over to his or its grantee, assignee,
or to a purchaser of the leased premises at a foreclosure sale the amount
of such security deposit, plus the tenant's portion of the interest or
earnings accumulated thereon, is hereby relieved of and from liability
to the tenant or licensee for the repayment thereof; and the transferee
of such security deposit, plus the tenant's portion of the interest or
earnings accumulated thereon, is hereby made responsible for the return
thereof to the tenant or licensee, in accordance with the terms of the
contract, lease, or agreement unless he or it shall thereafter and before
the expiration of the term of the tenant's lease or licensee's agreement,
transfer such security deposit to another, pursuant to section 2 hereof
and give the requisite notice in connection therewith as provided thereby.
46:8-21.
Return of deposit; displaced tenant:
Within 30 days after the termination of the tenant's lease or licensee's
agreement, the owner or lessee shall return by personal delivery, registered
or certified mail the sum so deposited plus the tenant's portion of the
interest or earnings accumulated thereon, less any charges expended in
accordance with the terms of a contract, lease, or agreement, to the tenant
or licensee, or, in the case of a lease terminated pursuant to P.L. 1971,
c. 318 (C. 46:8-9.1), the executor or administrator of the estate of the
tenant or licensee or the surviving spouse of the tenant or licensee so
terminating the lease. The interest or earnings and any such deductions
shall be itemized and the tenant, licensee, executor, administrator or
surviving spouse notified thereof by personal delivery, registered or certified
mail.
Within five business days after a. the tenant is caused to be
displaced by fire, flood, condemnation, or evacuation, and b. an authorized
public official posts the premises with a notice prohibiting occupancy,
or c. any building inspector, in consultation with a relocation officer,
where applicable, has certified within 48 hours that displacement is expected
to continue longer than seven days and has so notified the owner or lessee
in writing, the owner or lessee shall have available and return to the
tenant or the tenant's designated agent upon his demand the sum so deposited
plus the tenant's portion of the interest or earnings accumulated thereon,
less any charges expended in accordance with the terms of the contract,
lease or agreement and less any rent due and owing at the time of displacement.
Such net sum shall continue to be available to be returned upon
demand during normal business hours for a period of 30 days at a location
in the same municipality in which the subject leased property is located
and shall be accompanied by an itemized statement of the interest or earnings
and any deductions. The owner or lessee may, by mutual agreement
with the municipal clerk, have the municipal clerk of the municipality
in which the subject leased property is located return said net sum in
the same manner. Within three business days after receiving notification
of the displacement, the owner or lessee shall provide written notice to
a displaced tenant by personal delivery or mail to the tenant's last known
address. Such notice shall include, but not be limited to, the location
at which and the hours and days during which said net sum shall be available
to him. The owner or lessee shall provide a duplicate notice in the
same manner to the relocation officer. Where a relocation officer has not
been designated, the duplicate notice shall be provided to the municipal
clerk. When the last known address of the tenant is that from which
he was displaced and the mailbox of that address is not accessible during
normal business hours, the owner or lessee shall also post such notice
at each exterior public entrance of the property from which the tenant
was displaced. Any such net sum not demanded by and returned to the
tenant or the tenant's designated agent within the period of 30 days shall
be redeposited or reinvested by the owner or lessee in an appropriate interest
bearing or dividend yielding account in the same investment company, State
or federally chartered bank, savings bank or savings and loan association
from which it was withdrawn. In the event that said displaced tenant resumes
occupancy of the premises, said tenant shall redeliver to the owner or
lessee one-third of the security deposit immediately, one-third in 30 days
and one-third 60 days from the date of reoccupancy. Upon the failure
of said tenant to make such payments of the security deposit, the owner
or lessee may institute legal action for possession of the premises in
the same manner that is authorized for nonpayment of rent.
In any action by a tenant, licensee, executor, administrator or
surviving spouse for the return of moneys due under this section, the court
upon finding for the tenant, licensee, executor, administrator or surviving
spouse shall award recovery of double the amount of said moneys, together
with full costs of any action and, in the court's discretion, reasonable
attorney's fees. 46:8-21.1. L. 1971, c. 223, s. 3, eff. June 21,
1971.
Limitation on amount of deposit:
An owner or lessee may not require more than a sum equal to 1
1/2 times 1 month's rental according to the terms of contract, lease, or
agreement as a security for the use or rental of real property used for
dwelling purposes. 46:8-21.2.
Security deposits prior to effective date of act; date
of compliance:
Security deposits made prior to the effective date of this act
shall comply with the provisions of this act within 90 days of the
effective date thereof. 46:8-21.3.
Enforcement of trust by civil action:
Any trust arising under the provisions of this act shall be enforceable
by a civil action in a court of competent jurisdiction and that court
shall have jurisdiction to make any appropriate order or judgment both
pendente lite and final to fully effectuate the purposes of this act.
46:8-22.
Statutory trust upon insolvency or bankruptcy of person receiving
security deposit:
In the event of the insolvency or bankruptcy of the person receiving
the said moneys, the claim of the person who paid the said moneys shall
constitute a statutory trust with respect to any moneys so received and
not previously expended in accordance with the terms of the contract, lease
or agreement. 46:8-23.
Waiver by depositor prohibited:
Any provision of such a contract, lease or agreement whereby a
person who so deposits or advances money waives any provision of
this act is absolutely void. 46:8-24.
Unlawful diversion of trust funds; penalty:
Any person party to said contract, lease or agreement, or any agent
of said person, or any officer of a corporation receiving said moneys,
who, with knowledge that such moneys constitute trust funds, unlawfully
diverts or consents to an unlawful diversion of such moneys shall be a
disorderly person and subject to a fine of not less than $200.00 or by
imprisonment for not more than 30 days, or both. 46:8-25.
Application of act:
The provisions of this act shall apply to all rental premises or
units used for dwelling purposes except owner-occupied premises with
not more than two rental units where the tenant has failed to provide
30 days written notice to the landlord invoking the provisions of
this act. 46:8-26.
Landlord and project defined:
The term "landlord", as used in this act, shall mean the
person or persons who own or purport to own, or exercise control
of any building or project in which there is rented or offered for
rent housing space for living or dwelling purposes under either a
written or oral lease, provided that this definition shall not include
owner-occupied two unit premises. This definition shall include but
not be limited to any multiple dwelling subject to the "Hotel and
Multiple Dwelling Law" (P.L.1967, c. 76; C. 55:13A-1 et seq.).
The term "project" as used in this act shall mean a
group of buildings which are or are represented to be under common or substantially
common ownership and which stand on a single parcel of land or parcels
of land which are contiguous and which group of buildings is named, designated
or advertised as a common entity. The contiguity of such parcels
shall not be adversely affected by public rights-of-way incidental to such
buildings. 46:8-27.
Certificate of registration; filing; contents:
Every landlord shall, within 30 days following the effective date
of this act, or at the time of the creation of the first tenancy in any
newly constructed or reconstructed building, file with the clerk of the
municipality in which the residential property is situated in the case
of a one-dwelling unit rental or a two-dwelling unit non-owner occupied
premises, or with the Bureau of Housing Inspection in the Department of
Community Affairs in the case of a multiple dwelling as defined in
section 3 of the "Hotel and Multiple Dwelling Law" (C.55:13A-3),
a certificate of registration on forms prescribed by the Commissioner
of Community Affairs, which shall contain the following information:
a. The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same persons.
In the case of a partnership the names of all general partners shall be
provided;
b. If the record owner is a corporation, the name and address
of the registered agent and corporate officers of said corporation;
c. If the address of any record owner is not located in the
county in which the premises are located, the name and address of
a person who resides in the county in which the premises are located
and is authorized to accept notices from a tenant and to issue receipts
therefor and to accept service of process on behalf of the record
owner;
d. The name and address of the managing agent of the premises,
if any;
e. The name and address, including the dwelling unit, apartment
or room number of the superintendent, janitor, custodian or other individual
employed by the record owner or managing agent to provide regular maintenance
service, if any;
f. The name, address and telephone number of an individual
representative of the record owner or managing agent who may be reached
or contacted at any time in the event of an emergency affecting the premises
or any unit of dwelling space therein, including such emergencies as the
failure of any essential service or system, and who has the authority to
make emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith;
h. If fuel oil is used to heat the building and the landlord
furnishes the heat in the building, the name and address of the fuel
oil dealer servicing the building and the grade of fuel oil used.
46:8-28.
Certificate; indexing and filing; public inspection;
fee; validation:
In the case of a filing under section 2 of P.L.1974, c. 50 (C.
46:8-28) with the municipal clerk, the clerk shall index and file
the certificate and make it reasonably available for public inspection.
In the case of a filing with the Bureau of Housing Inspection, the
filing shall be accompanied by the filing fee required pursuant to
section 12 of P.L.1967, c. 76 (C. 55:13A-12). The bureau shall review
the certificate and, if it is found to be in conformity with this law
and any regulations promulgated hereunder, validate the certificate and
issue a validated copy to the landlord and a validated copy to the clerk
of the municipality in which the building or project is located.
The clerk shall index the validated certificates and make them available
as with the certificates required of one and two dwelling unit nonowner
occupied premises. 46:8-28.1.
Certificate of registration; amendment; filing:
Every landlord required to file a certificate of registration as
described in section 2 of P.L.1974, c. 50 (C. 46:8-28) shall file an amended
certificate of registration within 20 days after any change in the information
required to be included thereon. No fee shall be required for the
filing of an amendment except where the ownership of the premises is changed.
46:8-28.2.
Registration under act if in compliance with L.1974, c. 50, or
Hotel and Multiple Dwelling Law:
Nothing herein shall require a landlord who has heretofore complied
with all provisions of P.L.1974, c. 50 (C. 46:8-27 et seq.) or the
"Hotel and Multiple Dwelling Law" (P.L.1967, c. 76, C. 55:13A-1
et seq.), or both, applicable to any building or project to register the
building or project again pursuant to this amendatory and supplementary
act. Whenever, after the effective date of this amendatory
and supplementary act, any owner or landlord shall be required to
file an amended certificate of registration pursuant to the provisions
of this amendatory and supplementary act, the "Hotel and Multiple
Dwelling Law," or P.L.1974, c. 50, then that filing shall be in accordance
with this amendatory and supplementary act. 46:8-28.3.
Inapplicability of act to current proceedings, liabilities or
penalties:
This amendatory and supplementary act shall not affect any current
proceedings, liabilities or penalties involving violations of the sections
amended or repealed by this amendatory and supplementary act. All
such proceedings, liabilities or penalties existing on the effective date
of this amendatory and supplementary act shall be commenced or continued
and be proceeded with in all respects as if the section had not been amended
or repealed. 46:8-28.4.
Certificate of registration and amendments; providing to
occupants and tenants:
Within 30 days following the effective date hereof, and at the
time of the creation of a new tenancy, every landlord shall provide each
occupant or tenant in his building or project a copy of the certificate
of registration required by section 2 of this act (C. 46:8-28).
If an amended certificate is filed the landlord shall furnish each occupant
or tenant with a copy of the amended certificate within 7 days after
the amended certificate is filed with the municipal clerk in the case of
a tenant occupied one family dwelling or a non-owner occupied two family
dwelling and within 7 days of receipt of a validated certificate from the
Bureau of Housing Inspection in the case of a building or project subject
to the "Hotel and Multiple Dwelling Law" (P.L.1967, c. 76; C. 55:13A-1
et seq.). 46:8-29.
Date of preparation; stipulation:
All information required under section 2. and 3. of this act shall
stipulate the date of preparation. 46:8-30.
Service by mail upon record owner:
In any action in the Superior Court, Law Division, Special Civil
Part or municipal court by an occupant or tenant or to recover penalties
against a landlord who has not complied with this act and who cannot be
served within the county or municipality, the summons and complaint may
be served by certified and regular mail upon the record owner at the last
address listed in the tax records of either the municipality or county.
Service of such summons and complaint by certified and regular mail shall
be effective to bring the landlord before the Superior Court, Law Division,
Special Civil Part or municipal court even if it were not served within
the county or municipality in which the court issuing the summons is located.
46:8-31.
Service of process on Superior Court clerk:
Service of process on the clerk of the Superior Court, Law Division,
Special Civil Part or municipal court having jurisdiction over the municipality
in which the property is located shall be deemed service on the landlord
upon submission to the court of the following:
a. A certification of the tenant stating that he does
not know the landlord's whereabouts after having made a diligent effort,
satisfactory to the court, to determine the same; and
Action for possession by landlord; compliance with act:
In any action for possession instituted by a landlord who has failed
to comply with the provisions of this act, no judgment for possession shall
be entered until there has been compliance. The court shall continue
such case for up to 90 days and if there has not been compliance within
such period, the action shall be dismissed. 46:8-33.
Jurisdiction of Superior Court; amounts under $3,000:
The Superior Court, Law Division, Special Civil Part shall have
jurisdiction over any action between a landlord and tenant where the amount
in controversy is $3,000.00 or less.
Penalty for violation; recovery to municipalities:
Any landlord who shall violate any provision of this act shall
be liable for a penalty of not more than $500.00 for each offense, recoverable
by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1
et seq.). The Superior Court, Law Division, Special Civil Part in the county
or the municipal court of the municipality in which the premises are located
shall have jurisdiction to enforce said penalty.
The Attorney General, the municipality in which the premises are
located, or any other person may institute the proceeding; where the municipality
or any other person other than the Attorney General institutes the proceeding,
a recovered penalty should be remitted by the court to the municipality
in which the premises subject to the proceeding are located. 46:8-35.
Waiver of rights by agreement; unenforceability:
Any written or oral provision in any agreement whereby any tenant
waives any rights under this act shall be deemed against public policy
and unenforceable. 46:8-36.
Severability:
If any section, subsection, paragraph, sentence or other part of
this act is adjudged unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder of this act, but shall
be confined in its effect to the section, subsection, paragraph,
sentence or other part of this act directly involved in the controversy
in which said judgment shall have been rendered. 46:8-37.
Definitions:
The following terms whenever used or referred to in this act shall
have the following respective meanings for the purposes of this act,
except in those instances where the context clearly indicates otherwise:
a. The term "unit of dwelling space" shall mean any room
or rooms, or suite or apartment thereof, whether furnished or unfurnished,
which is occupied, or intended, arranged or designed to be occupied, for
sleeping or dwelling purposes by one or more persons, including but not
limited to the owner thereof, or any of his servants, agents or employees,
and shall include all privileges, services, furnishings, furniture, equipment,
facilities and improvements connected with the use or occupancy thereof.
b. The term "multiple dwelling" shall mean any building
or structure or group or complex of buildings or structures and any land
appurtenant thereto in which 10 or more units of dwelling space are
occupied or are intended to be occupied by 10 or more persons who
live independently of each other.
c. The term "owner" shall mean the person who
owns, purports to own or exercises control of any multiple dwelling.
46:8-38.
Information on crime insurance; advice to tenants:
Within 6 months of the effective date of this act, every owner
of a multiple dwelling shall make available to all his tenants information
regarding crime insurance through the Federal Crime Insurance Program
of Title VI of the Housing and Urban Development Act of 1970, 12
U.S.C. Sec. 1749 b b b et seq., and advise the tenants where applications
for such insurance may be obtained. All tenants who assume
occupancy more than 6 months after the effective date of the act
shall be provided with this information no more than 30 days after they
assume occupancy. 46:8-39.
Owners of multiple dwellings; duties to make tenant insurable:
No owner of a multiple dwelling shall do or refuse to do any act
or permit any tenant to do any act which would prevent or make any tenant
ineligible for crime insurance through the Federal Crime Insurance Program
of Title VI of the Housing and Urban Development Act of 1970, 12 U.S.C.
Sec. 1749 b b b et seq. 46:8-40.
Penalties:
Any owner who fails to provide to any tenant the information required
under section 2 of this act or violates any other provision of this act
shall be liable for a penalty of not more than $200.00 for each offense,
recoverable by the State in a civil action by a summary proceeding under
"the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court,
Law Division, Special Civil Part in the county in which the premises are
located shall have jurisdiction to enforce said penalty enforcement upon
complaint of the Attorney General or any other person. 46:8-41.
Severability:
If any section, subsection, paragraph, sentence or other part of
this act is adjudged unconstitutional or invalid, such judgment shall not
affect, impair or invalidate the remainder of this act, but shall be confined
in its effect to the section, subsection, paragraph, sentence or
other part of this act directly involved in the controversy in which
said judgment shall have been rendered. 46:8-42.
Short title:
This act shall be known and may be cited as "The Truth-in-Renting
Act." 46:8-43.
Definitions:
As used in this act:
a. "Landlord" means any person who rents or leases
or offers to rent or lease, for a term of at least 1 month, dwelling units,
except dwelling units in rental premises containing not more than
two such units, or in owner-occupied premises of not more than three
dwelling units, or in hotels, motels or other guest houses serving
transient or seasonal guests.
Statement of legal rights and responsibilities of tenants and
landlords of rental dwelling units:
a. The department shall, as soon as practicable and
annually thereafter, after public hearing, prepare and make available at
cost to the public a statement, in a form and size suitable for posting
and distributing pursuant to the provisions of this act, of the primary
clearly established legal rights and responsibilities of tenants and landlords
of rental dwelling units.
This statement shall be printed in both the English and Spanish
languages. The statement shall serve as an informational document,
and nothing therein shall be construed as binding on or affecting a judicial
determination under section 6 of this act of what constitutes a lease provision
which violates clearly established legal rights of tenants or responsibilities
of landlords.
b. Where practical considerations make it necessary
for the department to limit the extent of the statement, items to be included
shall be selected on the basis of the importance of their inclusion in
protecting the rights of the public. 46:8-45.
Statement; distribution and posting by landlords:
Every landlord shall distribute one copy of the statement prepared
and made available pursuant to the provisions of this act to each
of their tenants within 30 days after it has been made available
by the department and shall thereafter provide a copy of the current
statement to each new tenant at or prior to the time he assumes occupancy
of the dwelling. In addition, every landlord shall keep a copy
of the current statement posted in one or more locations so that
the statement is prominent and accessible to all his tenants. 46:8-46.
Violations of act; penalty:
Any landlord who violates any provision of this act, contrary to
the legal rights of tenants, shall be liable for a penalty of not more than
$100.00 for each offense. Such penalty shall be collected and enforced
by summary proceedings pursuant to "the penalty enforcement law" (N.J.S.2A:58-1
et seq.). The Superior Court, Law Division, Special Civil Part in the county
in which the rental premises are located shall have jurisdiction over such
proceedings. Process shall be in the nature of a summons or warrant, and
shall issue upon the complaint of the commissioner, the Attorney General,
or any other person. 46:8-47.
Offer of or entry into lease in violation of rights of tenants;
termination of lease; exception:
No landlord shall offer to any tenant or prospective tenant or
enter into any written lease after the effective date of this act which
includes a lease provision which violates clearly established legal rights
of tenants or responsibilities of landlords as established by the law of
this State at the time the lease is signed. A tenant shall have the
right to petition a court of competent jurisdiction to terminate a lease
containing any such provision. Nothing contained herein shall limit any
rights or remedies a tenant may have under a lease.
No landlord shall be liable for any penalty under section 5 of this
act nor any lease termination by a tenant under section 6 of this act,
for any lease provision in violation of section 6 of this act where the
proposal to include such lease provision originated from the tenant and
not such landlord. 46:8-48.
Waiver of right to receive or refusal to accept statement; effect:
No waiver or refusal by a tenant of his right to receive a copy
of the statement as provided herein shall alter the responsibilities of
the landlord under any provision of this act. 46:8-49.
