N.J. DCA Landlord/Tenant Information Series — (English)

Citation: N.J. DCA Landlord/Tenant Information Series — (English)
Jurisdiction: New Jersey (state)
Source: Official source
Original Source: https://www.nj.gov/dca/codes/publications/pdf_lti/t_i_r.pdf ↗

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Additionally, if clearly stated in the lease agreement, the landlord may require the tenant
to pay the landlord the costs of the landlord’s attorney fees and court costs in the event of an
eviction action for nonpayment of rent or for other legal actions; a landlord also may assess a “late
charge” when the rent is not paid by a certain date. There is a five (5) “business day” grace period
for senior citizens before a late fee may be assessed. A business day does not include Saturday,
Sunday, State or Federal holidays.
The written lease must expressly permit a landlord to recover reasonable attorney’s fees
and include late fees as part of the rent in order for a judge to consider those expenses as additional
rent in a summary dispossess proceeding (Community Realty v. Harris, 155 N.J. 212 (1998);
Housing Authority & Urban Redevelopment Agency of City of Atlantic City v. Taylor, 334
N.J. Super. 572 (App. Div. 2000); Sundersan v. Royal, 386 N.J. Super. 246 (App. Div. 2005)).
If a lease contains provisions that violate state statutes, local ordinances, or governmental
regulations, or a tenant believes a provision is unreasonable, the tenant has the right to file an
action in Superior Court, Law Division, Special Civil Part in the county where the building is
located requesting the court to remove the provision from the lease (N.J.S.A. 46:8-48).
Mobile Home Leases – Private Residential Leasehold Communities Law N.J.S.A. 46:8C-2 to
-21.
Mobile homeowners or residents of private residential leasehold communities are also
tenants if they rent space in either of these types of communities. Therefore, they are afforded
certain protections under New Jersey statutes and regulations, i.e, the Anti-Eviction Act,
Homestead Property, Tax Credit Act and special protections under