Background to NJ Room Rental Laws
Room rental laws in New Jersey follow a similar but distinct set of rules designed to specifically address cases where a tenant rents a room in another person’s home or apartment. These laws apply whether the tenant has their own bathroom and kitchen or must share with the landlord and/or other tenants.
Even though room rentals involve just a room, they are treated under the law as one-year leases, since a tenant would not be likely to rent a room for less time. For this reason, the landlord and tenant must abide by the same landlord-tenant laws under which lengthier leases are governed.
Not all rules that apply to regular leases apply to room rentals, however. Landlords of room rentals cannot legally enter the premises without proper notice, but they are not required to provide the more than 24-hour notice usually required for an inspection of the property in a standard lease. Instead, they may have the option to do a general inspection at least every month .
The rental period, utilities, notice of intent to terminate and other aspects of the tenancy are handled differently in room rentals as well. The law on rent control, however, operates the same whether the tenant is renting a room or an entire apartment or house.
Room rentals also require separate consideration in some circumstances when it comes to eviction, even more so than in regular leases. A residential landlord may own an entire property of two or more apartments or houses that they rent out. However, if any of the apartments or homes are owner-occupied with the tenant living there, the landlord must provide the tenant with additional notice to vacate so that they have more time to find alternative housing.
Tenants in room rentals are considered tenants under the law. They have all the rights of regular tenants and landlords are required to uphold all the same standards for maintenance and safety. Room rentals cannot be rented out to more than two individuals without separate incomes under the law.
Tenant Rights and Obligations in NJ
The state of New Jersey provides specific provisions related to room rentals and the rights of tenants. Research some of them in order to learn more about these legalities. Keep in mind that not all states include services or protections for room rentals, which are actually cool things about New Jersey’s housing laws.
Privacy Rights
In New Jersey, tenants have the right to privacy. This means that a landlord must provide "reasonable notice" to a tenant prior to entering the premises, unless an emergency exists. Given this definition, emergencies that may occur can vary.
Discrimination
There are also certain protections in place within New Jersey tenant laws about your rights to rent if a landlord is trying to discriminate against you. You cannot be denied the apartment on basis of race, sexual orientation, age or other reasons. The only reason a landlord can deny you an apartment is if you fail to pass a criminal background check or if they determine you cannot afford to pay the rent.
Waiving Rights
New Jersey tenants have the right to refuse to waive any rights provided by law, which includes the state’s rent control ordinances. That means anything is an option, except for what is considered fundamentally unfair. Tenants cannot agree to waive any rights if it means they are giving up their fundamental right to use the space as they see fit – and that goes along with a safe, working environment.
Disclosure
The state laws also require landlords to provide a tenant with a disclosure statement, which they should provide at or before the lease signing. This document is available on-demand through the Division of Codes and Standards website.
Landlord-tenant Rights and Duties
When you agree to rent a room in your home you must keep in mind you are renting it out not just to a tenant but to a tenant who you will probably interact with on a regular basis. You don’t want a tenant living in your home and causing problems for the rest of the occupants. More importantly, you don’t want a tenant doing something damaging, dangerous, or illegal to the other occupants of the home or its surroundings because you’ll be right there with them and perhaps be implicated.
The general landlord obligations include maintaining the property in good repair. Meaning if there is a problem with the roof, plumbing, electricity, etc. you must fix it. You are given a reasonable amount of time to make repairs but if you fail to do so you can face serious penalties. You also have obligations to your tenants concerning safety. Do you have a lock on the outside door? A working smoke and CO2 alarm system? It may seem evident but some tenants may not have been educated on these important issues and you must ensure they are properly instructed about the rules.
You must also make sure that you comply with any and all building codes and health codes. When renting just a room you can’t simply repair the room where the tenant will be staying and not the rest of the home. You may be penalized if a building inspector determines that your room rental is unsafe.
What Needs to be in a Lease Agreement
The room rental agreement is a shorter version of a traditional rental lease. The room rental lease covers several of the same terms as a traditional rental lease, but because the tenant only has rights to a single room, rather than an entire apartment or home, the contract governs terms relevant to the room alone.
New Jersey law does not require a landlord to have a written rental agreement, however, if such an agreement is made, it must be in writing. Even without a written rental agreement, the landlord must provide a copy of the rental agreement to the tenant within 30 days of the commencement of the lease term. This is for both the benefit of the tenants and landlords, as protections are afforded by defining the terms of the lease.
Although there is no set of required terms, the most essential terms of any rental agreement, including room rentals, are:
Address of premises
Parties
Gradual rent increase terms (if applicable)
Rent due date
Use of premises
Liability of premises (including landlords responsibilities for maintaining premises)
Entry by landlord into premises (and with how much notice)
Term of tenancy
Remedies (including landlord remedies for possession and damages)
Payments
Rights of tenant to sue landlord or other tenants that cause damage
Landlord’s lien on goods in the premises for rent owed
Landlord’s lien on goods abandoned in the premises
Maintenance of premises
Fire insurance
Labor and services paid by landlord
Liability for injury or property damage
Utilities
Parking
Action required if tenant wrongfully abandons premises
Governing parties, heirs and assigns
Tenant ability to assign, transfer or remove furniture from premises
Safety, including carbon monoxide detector and smoke detector requirements
Right to recover damages for deprivation of possession, unlawful entry or detainer
Landlord and tenant rights after abatement of rent
These terms are not all inclusive; a room rental lease may include as many or few terms as the parties wish to include.
Security Deposits – Avoiding Legal Mistakes
Security deposits are subject to specific laws in New Jersey. These laws do not differ according to the type of relationship the landlord and tenant have. They are applicable to all residential tenancies in the state of New Jersey and govern both periodic tenancies and fixed term leases. Upon entering into a definitive lease agreement, a landlord may request up to 1.5 month’s rent as a security deposit. For example, if monthly rent is $2,000.00, a landlord may request up to $3,000.00 as a security deposit.
A security deposit must be placed in an interest-bearing account at a bank, savings bank or title savings bank located in New Jersey, or a federally insured savings and loan association, federally insured credit union, or federally insured state chartered savings bank. The account in which the security deposit is placed must be a New Jersey account where the funds remain segregated from the landlord’s funds at all times . Interest accrued on the security deposit (after administrative fees and charges) must be paid to the tenant upon termination of the tenancy or upon the tenant vacating the premises, unless the security deposit is retained, in whole or in part, for damages or other charges due.
If the tenant vacates the premises without notice and the landlord does not know his or her forwarding address, the landlord must place the security deposit in an interest-bearing account for the benefit of the tenant in a bank, savings bank, or title 1 savings bank in New Jersey or in a federally insured federal savings and loan association federally insured credit union, state chartered savings bank, or savings bank chartered under the laws of another state having a principal office within New Jersey. When the tenant’s forwarding address is determined, the bank, savings bank or title 5 savings bank, federally insured federal savings and loan association, federally insured credit union, state chartered savings bank, or savings bank chartered under the laws of another state having a principal office within New Jersey must transfer the security deposit, together with all accrued interest, to the tenant.
Evictions and Disputes
While the majority of room rentals are governed by contract, disputes can and do arise between room renters and tenants. You cannot be evicted, however, without going through the legal process. Facing a potential eviction and need help? Contact Vonah M. Katz for assistance.
If you are a room renter in New Jersey and your landlord wants to evict you, or you want him or her to evict a tenant, the first step is to provide the requisite notice to the other party in accordance with the terms of your agreement or under New Jersey law, whichever is applicable. Under N.J.S.A. 2A:18-61.1 a landlord may seek to evict a tenant without cause if the tenant has lived in the unit for less than 6 months, provided that the landlord gives the tenant at least 30 days’ written notice to terminate the rental unit agreement. If the tenant has resided in the unit for more than 6 months, at least 60 days’ notice is required. A tenant is entitled to contest the eviction in court within 30 days of receipt of the notice, and the court must give a decision in favor of the tenant if there is a bona fide issue of fact as to the termination of the tenancy.
Unless a tenant can prove that he or she received that notice, a landlord is able to take steps to evict a tenant by filing a landlord’s complaint for possession in the New Jersey Special Civil Part in the municipality where the residence is located. The complaint must identify the parties, the parties’ landlord-tenant relationship, the tenant’s failure to pay rent or violation of the rental property rules, and whether the tenant has received the required notice. Thereafter, the court will set a return date for a hearing. At that hearing, the Landlord must prove that the tenant has violated the rental agreement or failed to pay rent, and then the tenant has an opportunity to dispute the allegations. If the court finds in favor of the landlord, it will issue an Order for Possession. Tenants have a right to appeal these decisions in the Appellate Division, and it is important that they hire an attorney who can assist them during this process.
It is illegal for a landlord to remove a tenant from a property without going through the judicial process of an eviction pursuant to the rules and regulations set forth N.J.S.A. 2A:18-61.1. In New Jersey, a landlord may not force a tenant to remove himself or herself from the property, use physical force to remove the tenant, deny access to the property, call the police or other law enforcement officials to remove the tenant, cut off utilities to the property, or seize or lock up the tenant’s personal property.
If a landlord has done any of the above, despite knowing that it is illegal to do so, the tenant may have a viable lawsuit against the landlord for damages in the New Jersey Superior Court, and may file a complaint with the New Jersey Department of Community Affairs. Tenants should consider consulting with an experienced attorney who can assist them during this process.
Resources for Room Renters in New Jersey
Room renters in New Jersey may find a wealth of information through various legal aid organizations and online resources. These resources can help room renters understand their rights and responsibilities, provide legal assistance when necessary, and offer insight into best practices for ensuring a positive room rental experience.
Legal Aid Organizations
The Legal Services Corporation (LSC) is a nationwide organization that provides free legal services to eligible low-income individuals. The LSC website can help room renters in need of legal assistance or guidance on housing-related issues. Individuals can use the website’s portal to find their local legal aid office and make an appointment for assistance. Whether the need is for legal advice or a referral to another organization, the LSC can provide essential resources for those who qualify.
The New Jersey State Bar Association can also be a valuable resource for room renters. The state bar association offers a free attorney referral service, which matches callers with attorneys who can assist with their legal needs. Through this referral service, room renters can quickly find legal professionals who are knowledgeable about landlord-tenant issues and can provide guidance on tenant rights and responsibilities .
Online Resources
Access to Justice in New Jersey is a program designed to increase access to legal assistance for residents of the state. This program offers information on various legal topics, including housing and landlord-tenant issues. Room renters can visit the Access to Justice website to access resources in multiple languages, helping to ensure that language is not a barrier to finding the necessary legal assistance.
The New Jersey Judiciary also provides a number of online resources for tenants and landlords. The NJ Court Help Self-Help Center offers information on a variety of civil court topics, including small claims, landlord-tenant matters, and self-representation. Room renters can find information on how to file a complaint, what to expect in court, and how to address disputes with their landlord.
For those unsure of their rights as a room renter, or who suspect their rights have been violated, there are resources available to empower them. Through online tools, legal aid organizations, and legal resources provided by the state bar association and the NJ Courts, room renters can access critical information. It is vital for room renters to understand their rights and what to expect throughout the consumer-oriented rental process.