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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 New Jersey State Law also allows a disabled tenant to terminate the lease agreement if the
unit is not handicapped accessible. A lease can be terminated if the landlord refuses to make the
unit handicapped accessible after the tenant requests that the unit be made handicapped accessible
and the landlord is unable or unwilling to do so (N.J.S.A. 46:8-9.2).
Right of Entry
In general, a landlord does not have the right to enter a residential rental premises without
consent of the tenant or a judgement from the Superior Court of New Jersey. There is no case law
in New Jersey that either requires a tenant to give a landlord a key or prohibits a landlord from
keeping a key to a rented unit. The landlord does not have the right to come into the dwelling unit
whenever he or she wants to enter. However, the courts have generally approved lease provisions
that require the tenant provide the landlord with a key citing emergency circumstances where the
lack of a key could result in the loss of life or property in the case of an emergency. Unless
otherwise clearly stated in the lease agreement, a tenant disputing the landlord’s right to a key can
simply refuse to provide the landlord with a key. The landlord may then seek an action for eviction
based on the tenant’s refusal to provide the landlord with a key. The court may deny the landlord
the right to have a key if the tenant can prove that the landlord has abused the right to enter the
premises. Moreover, the landlord may be liable to the tenant for damage or stolen property if the
landlord is known to have a key and known to enter the rental unit when the tenant is not home. In
a written lease, the landlord’s duty not to enter the premises in called the covenant of quiet
enjoyment which means that the tenant can control