Landlord - Tenant issues

I know this topic has been spoken about before but each situation is unique so here goes.
I believe my landlord has and is currently breaking several regulations/laws regarding my lease. It all started when he accused me to being late with my rent and is trying to charge me late fees based on 5 day grace period. As I read in Tenants Rights in NJ it is 5 business days grace. He is saying my lease says 5 days and will not recognize that the law overrides a lease. As a result of looking into my rights I have discovered several other violations. During this disagreement he is saying things like I am not renewing you lease if you are
going to be like this and that progressed to I want to move there so you have to leave in 60 days, Obviously I know i don't have to as I have a lease dated thru Sept 30.
The latest issue as of yesterday is that the furnace is broken and there is no heat. Luckily I had plans to not be home tonight or tomorrow but he will not give me and idea of when it will even be looked at. My understanding of this issue is that I can go to a hotel and deduct if from my rent provided it does not exceed my rent amount.

I do not qualify for legal aid and frankly cannot afford a ton of money for legal help but need to know how to proceed with this and need validation regarding the laws and my rights. Landlord is threatening to take me to court regarding the late fee. I am looking for someone that is very familiar with these laws and appreciate only well thought out answers. Thanks so much.

firefly firefly
Feb '19

From the latest updated NJ Landlord/Tenant website...

New Jersey Rules on Late Fees:
Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under New Jersey law, landlords must wait five days before charging a late fee, but only when the premises are rented or leased by senior citizens receiving specified benefits, such as Social Security, or by recipients of other specified government benefits, such as Social Security Disability.

New Jersey State Laws on Termination for Nonpayment of Rent:
New Jersey landlords must give tenants at least 30 days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.

I am a property manager here in Warren County as well as Morris and Sussex Counties. My business partner is a Real Estate Attorney.

Laurel Laurel
Feb '19

Laurel Thank you for your comment - also would you care to comment on the no heat issue,
Maybe you can post where that info came from ( the link) I am using this link

https://www.lsnjlaw.org/Publications/Pages/Manuals/TenantsRights.pdf on page 17 & 18

and it reads" The law reads that a landlord must allow a tenant "five business grace days" to pay the rent. If the tenant pays the rent in the 5 day period he may not charge a late fee. In counting the 5 days do not include Sat or Sun or a national or state holiday.

firefly firefly
Feb '19

firefly

Go here, the official NJ website:

https://www.state.nj.us/dca/divisions/codes/offices/landlord_tenant_information.html

Read the first page of this bulletin about heat (a link from the above page), it shows who to contact, etc.:

https://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/habitablity.pdf

Best of luck! Certified mail, return receipt requested is your best friend by the way!

Phil D. Phil D.
Feb '19

The landlord needs to provide at least 65 degrees during day time hours during this time of year by law. You can stay in a hotel, deduct extra electric expenses if you have to use space heaters (which can be dangerous so please use with caution!) you can even withhold rent during the time this issue is not resolved.. may be a good idea to just withhold rent until they fix it and save that money to just get out of there before your lease is up. I’ve had these kinds of issues with a landlord before and got out of that situation, I’m so much happier without that added stress of a horrible garbage human as my landlord.

Document everything, even taking pictures of your thermostat to show how cold it is, take pic of the broken furnace, send certified mail with receipt so you can prove your landlord got a letter. I sent letters to my landlord citing the New Jersey law, stating my intention to withhold rent until it was fixed under my rights as a NJ tenant.

Since this person is now breaking the lease on the heat issue, you almost don’t even have to worry about your late rent.. he/she doesn’t have a leg to stand on!

Hathnofury Hathnofury
Feb '19

Contact HUD and the Housing Authority in the state of NJ.

Hackresident Hackresident
Feb '19

I appreciate all the help however I have had three different sources to check out from three different people the fact remains I need to find out who has presiding information as all those sources say different things. This is beyond frustrating so if anyone out there house first hand knowledge or consent just a very low-cost consultation with an attorney that knows tenant laws I would appreciate it

Firefly Firefly
Feb '19

Firefly, go with the official NJ state page. It states that anyone collecting social security is entitled to 5 business days grace as shown on the attached. Not sure if you qualify

https://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/sencitzen_5day_grace_period_law.pdf

ianimal ianimal
Feb '19

All three of those sources say the same thing - the landlord has to give you a 5 (business) day grace period to pay the rent with no late fee IF you are a senior citizen receiving social security benefits (or disabled and receiving SS benefits).


NJ Tenant Association - they can help: http://www.njto.org/

4catmom 4catmom
Feb '19

Actually no MB they all don’t say the same thing- if you read them all you would know that.

The last link and
Suggestion is for an
.Org that you need to join for $25 to ask
A question

Firefly Firefly
Feb '19

The link you are using is from 2014. The info I gave you is the updated 2019 version.

Regarding the no heat situation, I would need more information for I or the attorney to advise.

Laurel Laurel
Feb '19

I just want to add that the 5 day grace period for Seniors on SS and disabled on SSDI has been law for many years (at least 12) and I get a lot of tenants yelling about their rent not being late as they pay on the 5th. The rent in NJ (unless otherwise stipulated on your lease...) is the first. As of the 2nd a landlord can charge a late fee.

Laurel Laurel
Feb '19

Firefly - If you would like to PM me with your number I will call you and advise you properly. Some of these comments, though well meaning, can get you sued for damages if you follow them.

Laurel Laurel
Feb '19

Jean Baptiste 800-531-6442 free consultation, but who knows.

Sorry, I tried to get good info, but it’s not easy when it comes to immediate help.

Hope you get somewhere with the info I provided.

Best of luck Firefly

Positive Positive
Feb '19

Perhaps try this attorney as well, she’s in Randolph. Jennifer Lynnne Alexander 973-366-1188

Positive Positive
Feb '19

Firefly - I did read through them all and they do all say the same thing (not sure what the heck you're looking at).

The one that you're referencing that asks for a payment was posted AFTER I commented.

No need to be snarky to people trying to help you.


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