Legal Question in Real Estate Law in New Jersey
Real Estate Agent Liability
A real estate agent listed an upstairs of a 2 family house for rent on the Multiple Listing Service, (owner occupied 1st floor), & didn�t say anything about the tenant being responsible for snow removal. Nothing mentioned on the MLS ad about tenant liability for snow removal & nothing said verbally by either agent when showing the apartment. 4 years later, tenant vacates the property (legally) & landlord & his real estate agent start making monetary demands for the costs of snow removal which were NEVER asked for before. It probably depends on what the lease says and there is a small 1 line clause in fine print that tenant would never had agreed to had he known it was there saying snow removal up to tenant. When signing the lease the tenant was told maintenance is up to landlord and that this was a ''standard lease'' & there is nothing unusual about the lease. Isn�t the real estate agent responsible for disclosing this vital information when renting the apartment to begin with? Isn�t there some kind of protection for the renter from being mislead by the listing agent? The tenant is in the virtual exact same lease now and this one also says lawn care but was told the same thing as last time. Please help.
1 Answer from Attorneys
Re: Real Estate Agent Liability
If you were never billed during the lease for snow removal, there is an argument that the landlord waived this fee, particularly since he or she lives in the house and the snow removal was for his benefit as well.
The actual wording of the lease is crucial, but it sounds like an atempt to avoid liability for a snow-related fall, not to impose the cost of removal.
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