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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action is brought by the Attorney General, in which case the penalty is remitted to the State
(N.J.S.A. 46:8-35).
Habitability
Many citizens in the State reside in dwelling units that fail to meet minimum standards of
safety and sanitation. All units shall be maintained as so to be fit for human use and habitation
and to prevent progressive deterioration of the unit to the detriment of the health, safety, and well-
being of its occupants. Both landlords and tenants have certain obligations for maintenance of
these dwelling units. These obligations are based on lease provisions, New Jersey Statutes, local
municipal ordinances, and court decisions, and require that proper and timely notice be given by
the tenant to the landlord where there are safety and sanitation conditions that must be corrected.
Tenants have the right to safe, sanitary, and decent housing. Residential leases carry an
implied warranty of habitability. The New Jersey Supreme Court has held that a landlord offering
two units or more for rent implies that it is habitable and agrees to keep it in that condition. Upon
terminating the lease, a tenant is responsible for maintaining and returning the property to the
landlord in the same condition that the tenant received it, except for normal wear and tear. When
damage has been caused by malicious or abnormal use by the tenant, the tenant is responsible for
the repair (Marini v. Ireland, 56 N.J. 130 (1970); Dowler v. Boczkowski, 148 N.J. 512 (1997)).
Reporting Housing Code Violations:
All buildings with three or more rental units must comply with the regulations for the
maintenance of Hotels and Multiple Dwellings and must be registered with the Bureau of Housing
Inspection (BHI) in the Department of Community Affairs. BHI is responsible for the Statewide