Legal Question in Real Estate Law in New Jersey

New questionable lease

I received a new lease from my landlord in which he says he doesn't have to provide interest on my security deposit; can enter the apartment at any ''reasonable'' time (no mention of prior notification or asking of permission); demands that I assign my renters insurance policy to him;

states that he can enter the apartment if he ''Thinks'' I may have abandoned the apartment after 2 weeks and dispose of what is in here as he pleases; says ''no more than zero children under the age of 18'' may live here without prior consent of the landlord; and this rare prize... ''Tenant hereby relases Landlord from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security''.

How do I best handle this unreasonble and illegal lease? I'm considering writing back to him and asking for a change in the lease. What do I do if he refuses? I've live here very happily for three years with normal leases. We've always gotten along. I pay my rent on time and maintain the apartment.

Thanks.


Asked on 6/07/02, 9:31 am

2 Answers from Attorneys
Ralph Soukis Attorney at Law

Re: New questionable lease

I agree with Mr. Gudin, such a lease is illegal, for the most part and, therfore, unenforceable. Under the law, the landlord must keep a tenant's security in an interest bearing account and notify the tenant of the bank in which it is held. As far as releasing the landlord from the requirement of returning your security, I consider that an unenforceable provision and suggest that it is a veiled attempt to get more rent in advance. Further, a landlord may not enter a tenant's apt. w/o reasonable notice at a reasonable time and for credible reasons. I would suggest that you ask the landlord why he is trying to force such harsh provisions on a good tenant. Perhaps he is trying to get you to move on your own in order to take possession of the apt. for a family member. (Under the law, a LL cannot evict you for that reason.) Good luck.

Ralph Soukis

2 Sears Drive

Paramus, NJ 07653-1458

201-599-0744

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Answered on 6/08/02, 1:46 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: New questionable lease

You should not sign the lease, and tell the landlord, in writing, that was upon the advice of your attorney, as the provisions are illegal.

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Answered on 6/07/02, 10:48 am


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