Legal Question in Real Estate Law in New Jersey
i had no idea i need a certificate of habitability for my house when i rented it. my rental agent never mentioned and had no idea about it earthier. now i have a tenant and have received a request from the township to apply for one stating that i can't allow anyone to rent it without the certificate. what are my options?
2 Answers from Attorneys
Apply and get one ASAP.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
NJ law does not require that you have a "certificate of habitability" but it does require that you register the rental with the municipality. See N.J.S.A. 46:8-28. One reason is to permit the enforcement of safety rules and fire codes. Many municipalities embellish this requirment and go beyond what the the State law requires and, in my opinion, what the law permits. So, some of the requirments are certainly open to challenge. That said, the easiest approach is to register the rental with the municipality and provided the requested information.
See also: http://info.corbettlaw.net/lawguru.htm