If you find yourself in a dispute with either your tenant or landlord, it could benefit you to get a New Jersey eviction lawyer that is an expert in the field of New Jersey tenant and landlord disputes. Because many landlords do not have legal experience or knowledge regarding both tenant and landlord laws and rights, it is important to contact a professional who will be able to guide you in the right direction. Tenants have a number of rights, and it is important to understand what these rights are and what the consequences may be if these rights are violated.
New Jersey Tenant and Landlord Disputes
There are a considerable number of tenant issues that could cause a landlord to seek legal action. There are law firms that have years of experience in issues such as commercial leases, nonpayment of rent, landlord harassment, residential leases, breaches of the lease, eviction of tenants, and the illegal use of tenant property by a tenant.
New Jersey Tenant Rights
A high quality New Jersey real estate lawyer will inform the client of what rights a tenant has. These rights include rights against unlawful entry, habitability, right against eviction, right to privacy, right to legal advice, right to withhold rent, and rights against retaliation. Tenant rights against unlawful entry prohibit any person entering a dwelling without prior permission from the tenant. Habitability rights require that a tenant should have safe, sanitary, and secure housing. This includes working heat or air conditioning, functioning plumbing, etc. Tenant rights against eviction require the landlord to provide the tenant with adequate written notice before the tenant can be evicted. Right to privacy provides tenant protection to do anything in the dwelling that is within the scope of the leasing contract. This right is very similar to unlawful entry. Tenant right to legal advice provides the tenant with the ability to seek legal counsel if he or she believes that wrongdoing has occurred on the part of the landlord. Right to withhold rent is a legal right provided to tenants if a landlord refuses to repair violations that make the dwelling unsafe or unlivable. Rights against retaliation protects the tenant from termination of contract or an increase in rent in the event that the landlord has been reported.
New Jersey Landlord Rights
A knowledgeable New Jersey eviction lawyer will not only be familiar with tenant rights; but also with landlord rights. This will ensure that the eviction lawyer is capable of providing the best solution for your New Jersey tenant and landlord disputes. Landlord rights include rights to a security deposit, lease contract, right to eviction, right to increase rent, and right to collection after eviction has occurred. Landlord right to a security deposit defines the security deposit as money collected by the landlord in advance of the lease for any damages caused by the tenant or past due rent, if applicable. The security deposit is to be used only for these purposes and has to be deposited in a different bank account than the landlord’s personal account. It is to be returned to the tenant thirty days before the tenant moves out of the property minus any reasonable deductions that were caused by damages to the property. All expenses made against the security deposit must be mailed to the last known address of the tenant and this notice must be mailed within thirty days of the tenant moving from the property.
Landlord rights to a lease contract is for the protection of both the landlord and the tenant because it explicitly states what the terms of the lease agreement are and what will happen if those agreements are violated. Right to eviction is afforded to a landlord but should only be used when the tenant has failed to uphold his or her end of the lease contract. It is always a good idea to have a skilled New Jersey eviction lawyer look over the contract to determine if the landlord is able to legally evict the tenant. The landlord’s right to increase rent can only occur due to legitimate economical concerns and the increase can only be implemented at the beginning of a lease period or renewal. Finally, landlord right to collection after eviction allows the landlord the opportunity to collect any money the tenant failed to pay during the course of the lease agreement. Landlords seeking collection are encouraged to consult with a New Jersey eviction lawyer to determine they are seeking what they are legally entitled to.
New Jersey tenant and landlord disputes can be time consuming, expensive, and frustrating for all parties involved. For this reason, it is important to hire a New Jersey eviction lawyer to ensure that the case is being handled fairly. An experienced eviction lawyer would be able to view the lease agreement, the dispute between the tenant and landlord, and be able to provide the complaining party with legal advice regarding what would be the best course of action for the case. Even if a landlord is familiar with the legal protections surrounding tenants, they are encouraged to seek the professional counsel of a New Jersey eviction lawyer. If you case also involves social security then it’s best to contact a social security lawyer.