Tenant Law in New Jersey

Relationships between landlords and tenants in Hawthorne, New Jersey can get contentious. It's difficult to be a tenant or a landlord. If one or both parties are not aware of their legal rights and responsibilities, conflicts can arise.

Tenants and landlords have many legal rights and responsibilities. In general, these rights don't conflict with one another, as long as both parties are clear about what they are, and act accordingly.

Landlord's Rights in Hawthorne, NJ

Landlords are, of course, entitled to collect rent from their tenants. If a tenant fails to pay the agreed-upon rent, the landlord is usually able to evict the tenant without too much trouble, though the process can sometimes get fairly complicated.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not accountable for damage resulting from ordinary wear and tear.

Tenant's Rights in Hawthorne, NJ

Tenants, most basically, have a right to a habitable apartment. After all, this is what they're paying for. Hawthorne, New Jersey landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many various defects might render an apartment uninhabitable, such as serious infestations and other problems with sanitation, lack of running water or electricity, or failure to provide adequate protection from the outside elements.

Additionally, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Hawthorne, New Jersey. Additionally, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Under federal and New Jersey law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to severe civil penalties against the landlord. Landlords further cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For example, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Finally, tenants in most states have a right to be free from unfair eviction. Typically, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.

Can a Hawthorne, New Jersey Landlord/Tenant Lawyer Help?

Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Hawthorne, New Jersey attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.