Legal Question in Landlord & Tenant Law in New Jersey

Does a tenant have privacy rights or not?

I live in NJ, signed my lease for my apartment April 1, 2007, on May 15, my landlord advised me he was selling the house. Fine! I have no problem with prospective buyers looking at the apartment. But lately, the realtor comes whenever he wants. He never calls me beforehand, and twice has woken me up. He doesn't ring the doorbell, he just walks right in with the potential buyer behind him. I work nights so I'm asleep at 10 am when he shows up, so I wake up to a man's voice IN MY HOUSE. I've complained to him and my landlord, but yet it continues. Are there statutes in NJ that protect me? Is there anything I can do legally to stop this? The realtor has a key to my house, so he has access at all times! I'm unnerved, I pay my rent, doesn't that grant me the right to privacy? What if I were nude and he just walked in? I'd be humiliated. I just feel violated.


Asked on 12/18/07, 8:11 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Does a tenant have privacy rights or not?

If it were me, I would put chains on the doors.

Unless your lease is very unusual, the landlord (or his authorized agent) is permitted access to the premises for emergencies and otherwise at reasonable times and with reasonable frequency. Some leases impose a notice requirement. Read yours.

At common law and probably also be lease, you are entitled to the "quiet enjoyment" of the premises. An important aspect of the warranty of quiet enjoyment is that the landlord promises not to disturb your peace while you are lawfully in possession. So, technically frequent, unplanned visits by the realtor are a breach of the lease and may entitle you to a rent abatement.

If all you are concerned about is keeping the visits to times when it is convenient for you, put the chains on. That should not be a violation of any part of the lease since they only prevent access when someone is inside.

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

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Answered on 12/18/07, 11:22 pm


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