Legal Question in Landlord & Tenant Law in New Jersey

I am renting a single family house in NJ...my lease started in April of 2011...I have been late on rental payments more than 5 months because I have recently become unemployed...my wife is disabled and collects disability which has been covering us over the last few months in addition to my unemployment that had started in the end of August 2011...my rent is due the 1st of every month...after the 5th of the month there is a late fee as per the lease of 5%...my rent is $2400/month...my late fee is $120...Although I have been late with my rent, I have always paid it before the end of the month it's due in and I have always included the late fee...my landlord sent me an email today saying the following:

I know you have not problem to get jobs now. I wonder if you can pay my rent on time. I hope you know I got to pay my mortgage on time regardless I have job or not to have job, or bank will take my house. The term for our lease agreement needs to be changed since you have broken the agreement months ago. The new term for the late payment on rent is the following:

The rental payment is due and payable monthly in advance, no later than 5PM by the fourth day of every month. Tenant agrees to pay a late charge of $50.00 for each day rent is not received after the fourth of the month to landlord regardless of the cause.

This new term will be effective in the month of Nov. I would like to meet you and inspect my house on Oct. 15 at 9AM. I will collect the Oct. rent plus the repaid money for the stove of $583 at the time of my visiting. You do not need to install the stove at this time since you should have done it before April 15 according to our previous lease agreement.

Please print and sign this email. I will collect it when I see you on next Sat.

...my question is can she change the late fee that we've already agrred and signed in the lease and that I've also been paying when rent is late...can she evict me for the late payments of rent as long as I am still paying before end of each month with the late fee (this is due to the fact that my wife receives her disability payment the 22nd of each month)...the stove issue is my fault...she deducted $500 from 1st months rent for me to buy a new stove (in the lease) and after losing my job it wasn't a priority...I will just give her that money back within the next two weeks...thank you for your help


Asked on 10/06/11, 10:13 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

The lease can only be changed during its term if you agree to the change. You are not obligated to agree and, in this case, there is no reason why you should agree. The landlord might evict you for habitual late payment of rent but only if you have been given a written Notice to Cease prior to that time. In a renewal lease, the landlord can proposes reasonable changes. Arguably a clause that creates a $50/day late fee is punitive and not a reasonable change.

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

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Answered on 10/10/11, 7:01 am


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