New Jersey Complaint for Breach of Covenant of Quiet Enjoyment

State:
Multi-State
Control #:
US-01270BG
Format:
Word; 
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Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint for Breach of Covenant of Quiet Enjoyment

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FAQ

However, if landlords restrict a tenant's use unreasonably, it may constitute a breach of quiet enjoyment. Absence of Basic Services ? When utilities are included, or the landlord is responsible for payment and fails to do so, this is a major issue.

A landlord cannot evict tenants or remove their belongings from a rental home without first getting a judgment for possession and then a warrant of removal from the court. Only a special civil part officer can perform the eviction on behalf of a landlord.

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.

In New Jersey, a landlord cannot force tenants to move out for no reason, but the rules do vary. First, you need to consider the lease terms. If it's a short-term rental with a month-to-month lease, then you'll only need to give one month's notice before eviction.

A complaint must be filed with the Office of the Special Civil Part Clerk in the county where the rental premises are located. A Landlord/Tenant complaint form is available from the Office of the Clerk of the Special Civil Part in the county in which the rental premises are located.

Examples of a landlord's violation of the covenant of quiet enjoyment include: frequent entry into the rental without notice, failure to control disruptive noise throughout the complex, and forbidding the tenant from having guests that are non-tenants.

The Bureau of Housing Inspection is the enforcement agency for housing code violations in buildings with three or more rental units. To file a complaint contact the Bureau of Housing Inspection at (609) 633-6227 or BHIInspections@dca.nj.gov.

2. Timeline Lease Agreement / Type of TenancyExplanationNotice RequiredWeeklyThe tenant is scheduled to pay rent every week7-Day Notice to QuitMonthlyThe tenant is scheduled to pay rent every month30-Day Notice to QuitYearlyThe tenant's lease is renewed every year90-Day Notice to Quit

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New Jersey Complaint for Breach of Covenant of Quiet Enjoyment