New Jersey Eviction

[Karen Griffith]

Hello All!

I've searched up and down BP and the worldwide web; I am trying to determine if serving my month to month section 8 tenant with a notice to quit sufficient. I am getting mix information. I've consulted with a lawyer and from our discussion seems that I am able to issue them with a 30-day notice (I am trying to be courtesies and give them 40) but as per the tenants' case manager I need to give them 60-days. He also stated the following "You must have good proof of why you are not renewing the lease. But you have a contract with DCA that does not end unless mutually agreed upon by tenant and landlord."

[Johann Jells]

Sorry, but you haven't looked nearly hard enough and you should fire your lawyer. I've posted the NJ "Truth in Renting" link many times. https://www.state.nj.us/dca/divisions/codes/public...

You cannot ever unilaterally end a lease in NJ, even a MtM. There is an Anti Eviction Statute.  All you can do is raise the rent less than what a judge might decide is "unconscionable".

https://www.state.nj.us/dca/divisions/codes/public...

Unconscionable Rent Increase

If the tenant refuses to pay the rent because the tenant believes the rent increase is unconscionable or unreasonable, the tenant may withhold a portion of the rent. The tenant may withhold the difference between the old rent rate and the new increased rate. However, the landlord may take the tenant to court based on non-payment of rent increase, if this happens, the tenant may argue to the judge that the increase is unconscionable. The landlord has the burden of proving to the court that the rent increase is fair and not unconscionable. Note: If the tenant chooses not to pay the rent increase he should continue to pay the regular rent and be prepared to pay the full amount of the rent increase if the court rules in the landlord’s favor. 

Determining if a Rent Increase is Unconscionable

In Fromet Properties Inc. v. Dolores Buel, et al., the court found that in determining unconscionability, the trial judge may consider: 1) the amount of the proposed rent increase; 2) the landlord’s expenses and profitability; 3) how the existing and proposed rent compare to rents charged at similar rental properties in the geographic area; 4) the relative bargaining position of the parties; and 5) based on the judge’s general knowledge, whether the rent increase would shock the conscience of a reasonable person.