HNWReal Estate, Landlord/Tenant, and Zoning

By Fredrick P. Niemann, Esq., a NJ Landlord/Tenant Attorney

 Unfortunately, disputes arise every day between landlords and tenants. Sometimes these disputes escalate to the point where the landlord no longer wishes to rent the property out to the tenant. New Jersey law states that landlords must have sufficient grounds to evict tenants from the property. The law lists a number of instances that qualify as these sufficient grounds. If the landlord is justified in evicting the tenant, the Courts will enforce the evictions. However, if the eviction is not in accordance with New Jersey law, the Courts will protect the tenant’s rights.

 One of the sufficient grounds listed in the New Jersey statute is when tenancy is based on the condition of the tenant also being the superintendent of the building while they are living there. A NJ Court case involving this situation was recently decided. A landlord sought to evict a family after the husband and father of the family ceased from being superintendent of the landlord’s property. The family disputed the eviction, stating that the wife had lived there for three years prior to the husband becoming the superintendent of the building and therefore, despite her husband no longer being superintendent, she thus had the right to remain a tenant.

 The Courts looked at the leases signed between the parties and the overall situation that was presented to them. Citing the fact that the wife had lived at the apartment prior to the husband’s superintendent responsibilities, the Court found that this was not a condition of the family’s tenancy. They found that since none of the leases that the wife signed made any comments about her tenancy being directly related to the husband’s employment as superintendent, there existed no good cause to evict her and the family. The Court thus held that the landlord did not have a sufficient reason to evict the family.

 Landlord/Tenant law in New Jersey can be complicated and complex. As a tenant, you have many rights, including the right not to be evicted without sufficient reasoning. Please call Fredrick P. Niemann, an experienced NJ Landlord/Tenant Attorney today. He can be reached toll-free at 855-376-5291 or by email at Mr. Niemann would be more than happy to answer any questions you may have regarding Landlord/Tenant law in New Jersey.

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