Legal Question in Real Estate Law in New Jersey
Real Estate Liability/Honesty
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 Liability/Honesty
You are right, it depends on what the lease says. Every person is responsible for reading what they sign, and unless a law requires that the print be of a certain size, the fact that it is small does not excuse the tenant who missed that line.
There is no such thing as one "standard" document -- it may be standard from that Realtor, or from that landlord, but that does not mean it is universally standard. A document being "standard" also does not excuse a person from reading it. Even so-called standard documents may be modified if both parties agree and sign the modification.
The tenant who was in the one property for 4 years could make an argument that the landlord's failure to ask for snow removal expenses during the entire lease somehow would prevent the landlord from collecting.
It's best to consult a lawyer, bringing the lease along to get a more accurate interpretation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
