Landlord- Tenant Law
Landlord-tenant law covers all legal aspects of the relationship between an owner of real property (landlord) who, through a lease or rental agreement, promises to rent all or portion of the property to another person (tenant). The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. Commercial and residential landlords must be vigilant about protecting their investments; as well as, tenants learning their rights and responsibilities when renting property.
Landlord Rights & Responsibilities
1. Don’t discriminate against Prospective Tenants.
2. Put Lease Agreements in Writing.
3. Regularly Inspect the Property.
4. Notify Tenant Before Entering Rental Unit to Inspect.
5. Make repairs Promptly.
6. Obtain Adequate Insurance for Property.
7. Use Consistent Tenant Screening Process.
8. Follow Eviction Rules to Evict Tenant.
Tenant’s Rights & Responsibilities
1. Landlord cannot discriminate in renting to you based
on race, color, religion, or national origin, sex, family
status (not allowing children), physical disability,
and mental disability.
2. You have a right to live in a property that is fit for a
3. You have the right to privacy—landlord cannot come
into premises without permission or giving you notice.
4. Landlord cannot request deposit beyond state law.
(NJ deposit is one and one-half times the monthly
5. If your full deposit is not returned, the landlord must send
an itemized list of how the money was spent.
6. Obtain Adequate Inurance for your property.
Legal issues that can arise within a landlord-tenant relationship include unlawful lease provisions, improper
maintenance of property, liability for tenants’ injuries, evictions, and wrongful withholding of security deposits. The Law Offices of Normay W. Jones will represent a landlord or tenant during the landlord-tenant process. During this process, we will ensure that all the proper forms and procedures are followed correctly. These steps include:
- Drafting a lease agreement for the commercial or residential property
- Reviewing lease agreements and related documents
- Preparing the appropriate notice and having it properly served
- Ensuring that proper notice was given to the tenant
- Aggressively representing your interests throughout the process
- Filing and serving the unlawful detainer complaint, obtaining the earliest possible trial date, and restoring possession
If you need legal assistance with a landlord-tenant issue, please contact the Law Offices of Normay W. Jones.