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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 Notice requirements for rent increases are contained in the Anti-Eviction Act (N.J.S.A.
2A:18-61.1 et seq.). This law provides that before an owner can evict a tenant for nonpayment of
an increased rent, they must first serve the tenant with a valid notice to quit and notice of rent
increase. This notice does not mean that the tenant must actually leave; the tenant has the right to
remain as long as they pay any legal increase in rent. The increase in rent must not be
unconscionable; it must not be so unreasonable as to shock the conscience of a fair and honest
person and must comply with any municipal ordinances governing rent increases.
The definition of unconscionable is fact sensitive. Factors used in defining unconscionable
are the amount of the increase; the landlord’s expenses and profitability; how the existing and
proposed rent compared to rents charged at similar rental properties in the same geographic area;
the relative bargaining position of the parties; and the Judge’s general knowledge (Fromet
Properties v. Buel, 294 N.J. Super. 601 (App. Div. 1996); Hale v. Farrakhan, 390 N.J. Super.
335 (App. Div. 2007)).
If an increase is determined to be unconscionable or a tenant has not received proper notice,
the tenant may file a complaint with a municipal rent control board where one exists. Where there
is no municipal rent control and a rent increase is charged that a tenant does not pay on the ground
that it is unconscionable, the landlord may file an eviction action for non-payment of the rent
increase. A judge would decide if the increase was unconscionable or not. If the court finds that
the rent increase is not unconscionable or in violation of a rent control ordinance, the tenant will
have to pay the increase in order to avoid being evicted.
If a