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Updated almost 5 years ago on . Most recent reply

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Nicholas Jose
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Votes |
64
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Need help on Right of Entry in NJ

Nicholas Jose
Posted

Good afternoon, BP.

I've read the Right of Entry section in the NJ Truth in Renting pamphlet; however, I have some questions I don't think the document adequately addresses:

  1. If an inherited-tenant does not wish to provide the new landlord with a key, the landlord may evict the tenant for not complying with the reasonable lease provision. The landlord then has the burden to prove that his request for a key is not unreasonable. What examples could an "unreasonable request" be? Just emergencies that could result in loss of life/property?
  2. If an inherited-tenant does not wish to provide the new landlord with a key, what should the landlord do: begin eviction (and prove his "unreasonable request") or take the case to the Superior Court of NJ?
  3. If a prospective tenant passed the screening but refused to give the landlord a key during lease-signing (despite attempts to reach a mutual agreement), can the landlord still reject the applicant and start over?

Most Popular Reply

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1,683
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Peter Tverdov
  • Real Estate Broker
  • New Brunswick, NJ
2,137
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1,683
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Peter Tverdov
  • Real Estate Broker
  • New Brunswick, NJ
Replied
Originally posted by @Nicholas Jose:
Originally posted by @Peter Tverdov:

I'm not a lawyer (just a NJ realtor and property manager) but in my experience a Notice to Cease usually gets tenants to comply. If they want to play with fire then file an eviction. I think your third question might be written backwards.

Re-reading my question again, it does sound a bit confusing. Let me try rephrasing it again:

3. Suppose you've screened an applicant and found him/her to be the perfect tenant. When we're both reviewing the lease with our attorney, one provision allows the landlord to have a copy of the tenant's key. Unfortunately, the applicant does not want me to have access to his/her unit and is not willing to meet me halfway. In this situation, would I be in the position to deny the applicant the rental unit and pick another applicant who's more compliant with this provision?

 Tell them to take a hike.

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