Legal Question in Landlord & Tenant Law in New Jersey

I have been at my apartment for over 3 years. When my lease renewed in August, I received the notice of rent increase and accepted and have continued to pay on time as I have always done. My rent has always covered water and sewage, and nowhere in my lease does it say I am responsible for water or sewage. Now (3 months into my year lease), my landlord has sent us a notice that I have to start paying water and sewage based on square footage. I am single and live alone in a large 2 bedroom/2 bathroom apartment.

2 questions...1) can they do this without it being a signed lease and 2) can they base it on square footage when I clearly do not use as much water as families that live in the other apartments this size? I am one of very few single persons in this very large apartment complex.


Asked on 10/27/11, 11:56 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Your landlord is trying to distribute the utilities as would be done for /common area/ charges in a commercial lease. If the lease is silent on the matter and the long-established practice is for the landlord to pay these costs, there is not reason for the change at mid-term and the landlord cannot enforce it.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/27/11, 12:46 pm


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