There are many three types of tenancies in New Jersey, and each one has a specific set of landlord-tenant law guidelines that it falls under. If you are a landlord or a tenant, it is important to be aware of these laws to better protect your rights. If you have any questions, please contact our office today to schedule a free consultation.
Types of Tenancies in New Jersey | Categories
The state of New Jersey recognizes three categories of tenants, including commercial tenants and two categories of residential tenants. New Jersey statute N.J.S.A 2A:18-53A generally addresses tenants who occupy owner-occupied premises that have no more than two rental units in addition to the one in which the owner resides. Those tenants have far fewer rights than the majority of tenants.
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Tenants who fall under N.J.S.A 2A:18-61.1, which is called the Anti-Tenancy Eviction statute (and with good reason) are much better protected because the essential purpose of that statute is to protect tenants from unwarranted evictions.
In owner-occupied tenancies, the landlord can simply terminate a tenancy once the lease term has been completed. In the case of a month-to-month tenancy, for example, the landlord can serve the tenant a 30-day notice and terminate the tenancy.
Types of Tenancies in New Jersey | Anti-Tenancy Eviction Statute
Under the Anti-Tenancy Eviction statute, if the tenant pays rent in a timely manner and does not violate the other terms of the lease, they cannot be evicted. In other words, the mere fact that a landlord simply does not like the tenant and does not want to continue to be their landlord is not a sufficient reason to evict the tenant. The tenant can only be evicted for just cause – and that must be a clear violation of the lease or failure to pay rent.
If you are a landlord and are experiencing difficulties with your property or tenants, call our office to schedule a free consultation with our landlord attorneys in Jersey City. Attorney Brian Freeman has over 30 years help landlords protect their rights.