executive order 128 New Jersey

[Account Closed]

Hello All,

exec order 128 nj signed by phil murphy allows tenants to use security deposit as rent. The order makes a vague reference that it was created to prevent financial hardship from covid. However, the order does not state that the tenant has to prove financial hardship. The exec order does not explicitly place any income limits.

My tenant in NJ- gave me a notice that they would like to use security deposit as rent . The lease expires in 2 months.

I know that the tenant has a good job and not in financial hardship. They pay rent on time. I am worried that If I use up the security deposit and find damages at move out-- it places the burden of pursuing for damages on me rather than the tenant.

I contacted a real estate attorney  and they said there is  not much I can  do about it as the exec order does not require the tenant to prove financial hardship.  

Are there any suggestions on how to deal with this.

Thanks

[Kevin Blanchard]

I would check around on this site for other articles. I specifically remember an attorney saying something to the effect that this executive order is most likely not valid because it interferes with a private contract between two people. I think there will be some lawsuits against the Governor for this very reason, but I don't really know how to handle the situation if it actually comes up. Best of luck.