Renting out property can come with unexpected challenges, from safety concerns to rent disputes. When tenants raise issues about the condition of a rental, such as safety code violations or appliance malfunctions, landlords need to know their legal responsibilities and rights. In this post, we’ll explore legal guidance for managing difficult tenants in Bergen County, focusing on key legal considerations for resolving tenant disputes, ensuring property compliance, and protecting your rights as a landlord under New Jersey law. Whether you’re facing repairs, rent withholdings, or difficult tenant behavior, understanding these legal principles can help you manage the situation effectively.
Sample Case – Tenant vs Landlord in Bergen County
The homeowner’s elderly mother rents out the basement apartment of her home in Bergen County, and they have encountered issues with the tenants, an unmarried couple who signed a one-year lease. A month later they moved in, they raised concerns about the apartment not meeting egress requirements due to old jalousie windows and a potential safety issue with the gas stove, which makes a clicking noise but is still functional.
The homeowner promptly addressed the window issue by obtaining contractor estimates, placing a down payment, and scheduling an installation date a few weeks later. However, the tenants feel the repairs are taking too long and, on the advice of their lawyer, plan to withhold a months rent. In a recent phone conversation, the male tenant refused to pay the rent or late fees until the windows are fixed, and the conversation escalated, with the tenant making harassing and threatening remarks.
The homeowner has never refused to make repairs but is unsure whether the basement apartment is legally part of a two-family home, as the deed lists the property as a single-family residence. Additionally, they are uncertain whether the new windows will meet egress requirements. The tenants offered to break the lease early if refunded their rent and security deposit, but this was not a suggestion from the homeowner, who now seeks legal advice on their options for resolving the situation.
Legal Status of the Property: Single-Family vs. Two-Family Home
The first issue the homeowner should address is whether the property is legally considered a two-family home. The deed indicates it is a single-family residence, but the basement has been rented for years. If the property is not legally zoned as a two-family home, the homeowner could face potential fines, penalties, or legal actions by the local authorities. This could also complicate any dispute with the tenants, as renting a non-compliant unit may limit the homeowner’s legal options.
Resolution
The homeowner should immediately contact the local zoning or building department to confirm the legal status of the home. If the home is not legally a two-family residence, the homeowner may need to apply for a variance or cease renting the basement. Consulting with a real estate attorney familiar with local zoning laws is crucial to understanding the potential legal implications and navigating the necessary steps to bring the property into compliance.
Addressing Egress and Safety Concerns
The tenants raised concerns that the basement apartment does not meet egress requirements due to outdated jalousie windows. In New Jersey, apartments—especially basement units—must comply with strict fire and safety regulations, which typically include providing adequate escape routes in case of an emergency. While the homeowner has already scheduled the window replacement, the tenants have expressed frustration with the delay.
Resolution
The homeowner should continue with the planned window replacement and ensure that the new windows meet all local egress and safety requirements. Obtaining confirmation from the contractor that the windows will comply with these standards is critical. In addition, keeping documentation of all efforts to address the tenants’ concerns (such as contractor estimates, payments, and scheduled installation dates) is important for defending against any legal claims.
Since the tenants have threatened to withhold rent, it’s essential to understand that in New Jersey, tenants may only withhold rent if the conditions in the rental unit pose serious risks to health and safety, and the landlord has refused to address the issues. Since the homeowner is actively making the necessary repairs, withholding rent may not be legally justified. A landlord-tenant attorney can advise on how to proceed if the tenants withhold rent despite the homeowner’s efforts.
Gas Stove Safety
The tenants also raised concerns about the gas stove, which reportedly makes a clicking noise but is still functional. While it is missing a burner cap and replacement parts are no longer available due to the stove’s age, the tenants have questioned its safety.
Resolution
The homeowner should have the stove inspected by a licensed appliance repair professional to determine whether it poses any safety risks. If the stove is deemed safe for use, obtaining a written statement from the professional confirming this would help protect the homeowner from liability.
If the stove is not safe or repairable, replacing it may be the most straightforward solution to prevent further disputes. Although this involves additional expense, it ensures compliance with safety regulations and avoids potential legal battles with the tenants.
Handling Rent Disputes and Harassment
The tenants have indicated they will withhold a months rent until the window repairs are completed. In a phone conversation, the male tenant made verbally abusive and harassing remarks and threatened not to pay late fees. While withholding rent is a significant issue, tenant harassment and threats also pose legal concerns.
Resolution
The homeowner should document all communications with the tenants, particularly any abusive or harassing remarks. If the behavior continues or escalates, the homeowner may have grounds to seek a restraining order or file a complaint against the tenant for harassment. New Jersey law protects landlords from tenant harassment, and taking legal action could help prevent further incidents.
In terms of rent, if the tenants withhold payment without legal justification, the homeowner may have grounds to file for eviction. However, it’s essential to follow the legal process for eviction, which typically involves providing the tenants with a formal notice and filing an eviction suit if the rent remains unpaid. A landlord-tenant attorney can guide the homeowner through the eviction process to ensure compliance with New Jersey’s strict eviction laws.
Early Lease Termination and Tenant Negotiations
The tenants have suggested that they are willing to break the lease and vacate the property if their rent and security deposit are refunded. However, this offer was made unilaterally by the tenants and was not agreed to by the homeowner. Before considering an early termination, the homeowner should carefully weigh the financial and legal implications.
Resolution
If the homeowner prefers to have the tenants leave early, negotiating a mutual agreement for early termination may be an option. This could involve offering a portion of the security deposit or rent back to encourage the tenants to leave voluntarily, without going to court. A written settlement agreement should be created to avoid future disputes.
If the homeowner does not wish to refund rent or the security deposit, they are under no obligation to agree to the tenants’ terms. However, consulting with an attorney before making any decisions is essential to ensure the homeowner’s rights are protected.
Guidance for managing difficult tenants in Bergen County Landlord-Tenant Attorney
Given the complexities of this situation—ranging from zoning issues and tenant safety concerns to potential rent disputes and harassment—seeking professional legal counsel is critical. A landlord-tenant attorney can help the homeowner understand their rights, navigate any disputes with the tenants, and ensure compliance with New Jersey’s landlord-tenant laws.
The attorney can assist in determining the legal status of the property, ensuring safety standards are met, handling rent disputes, and pursuing legal action if necessary. A proactive approach, with the help of legal counsel, will enable the homeowner to resolve the issues while protecting their property and financial interests.
This rental situation presents multiple challenges for the homeowner, but each can be resolved with the right approach. Determining the legal status of the property, addressing safety concerns, and handling rent disputes with the guidance of a qualified attorney will help ensure a fair outcome.