Legal Question in Landlord & Tenant Law in New Jersey

Lanlord & Tenant

If I am paying the utilities for a tenant, can I prohibit them from purchasing an using an air conditioner in the summer as they are taking unbelievable adavantage with the heating bills? Thank You


Asked on 3/23/09, 8:03 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Lanlord & Tenant

Probably yes. If you don't have a written lease, you can just give them notice not to install any heavy appliances. Violation would be grounds for eviction. If you have a well-drafted lease, there is probably a prohibition against the installation of "fixtures" without the permission of the landlord. You can take the position that an air conditioner is a fixture and use that as a reason for eviction. There may also be a prohibition against installation of anything that is visible outside. There is certainly no right of the tenant to extend appliances outside the leased premises.

In your next lease, be sure that there is a provision against excessive use of utilities with the right to treat excess costs as "additional rent."

All that will get you into landlord/tenant court for an eviction. Keep in mind that L/T court can give you possession but will not give you money damages. So, it is important that you get your notices into place before the air conditioning season so that you will not be delayed when filing for possession (eviction).

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

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Answered on 3/24/09, 9:39 am


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