It is very important for all parties to know and understand their responsibilities. Landlords who are ignorant of their responsibilities often end up alienating good tenants, drawing the unwanted attention of local housing inspectors, and losing money. Tenants, who are unaware of these things, may unwittingly live in substandard conditions, do the landlord's job for them, and seek legitimate means of recourse.

:: Respecting Tenant Right to Privacy 

Tenants usually get exclusive possession of the premises when they sign a lease and rent an apartment. Only the tenants and their guests or visitors have the right to be there.

Unless otherwise stated, the landlord or the landlord's workers can only enter the rental in a few special situations:

1. The tenants ask the landlord to enter.
2. If the lease gives the landlord the right to inspect the rental. The inspection must be at reasonable intervals (every day is unreasonable, every few months might be okay; at a reasonable time (5 a.m. is unreasonable, 5 p.m. might be okay); with reasonable, normally written, notice (an hour ahead of time is unreasonable, at least 24 hours is reasonable).
   NOTE: The law specifically requires a one day's written notice before landlord entry (except for emergencies) for buildings with 3 apartments or more.
3. If the landlord (or their workers) need to do maintenance or make repairs.
4. If the repairs are not an emergency, reasonable notice must still be given.
5. If the emergency repairs are necessary. No notice may be required for serious situations (fire, water main break).

Entry under any other conditions, may constitute trespassing or harassment.

:: Maintenance of Living Conditions 

The landlord is responsible for keeping the rental in safe and decent condition and for complying with city, state and federal housing and health codes. Landlords are liable for damages if tenants are hurt because of failure to fix dangerous conditions in the rental.

:: Housing and Property Maintenance Codes 

New Jersey has a housing/property maintenance code, the Regulations for Maintenance of Hotels and Multiple Dwellings, that applies to buildings with 3 or more units. This state code requires landlords of multiple dwellings to follow certain rules about locks, window screens, ventilation, pests, plumbing, painting, garbage, living space, and so on. You can find these regulations in your courthouse library or public library. Or you can call the New Jersey Department of Community Affairs, Bureau of Housing Inspection in Trenton at (609) 633-6216 for more information.

Most New Jersey municipalities have their own housing and property maintenance codes. These codes usually apply to all buildings not just those with 3 or more units. Call your city hall or municipal building and ask for the housing inspector for more information or to get a copy of the local housing code.

New Brunswick Office of Inspections: 732-745-5075
The Property Maintenance Code of New Brunswick

:: Heat 

If the lease requires the landlord to provide the heat, the landlord must provide sufficient heat to meet the requirements of state law and local code. Otherwise, the tenants are required to provide their own heat, although the landlord is still responsible for providing heating equipment that works and is able to meet the state and local standards.

:: Landlord Registration Act 

New Jersey's Landlord Registration Act requires landlords who rent houses, apartments, or buildings to register certain information with the clerk of the municipality where the rental is located. Landlords who own buildings with 3 or more units must also register with the Department of Community Affairs in Trenton. Among other things, the law requires that the landlord list her/his name and address and the telephone number of someone (such as the superintendent, janitor, or other person) who can be reached at any time and who is responsible for ordering emergency repairs and receiving complaints from tenants. The landlord must also display this information at the rental where the tenants can see it. The law further requires the landlord to give this information in writing to each tenant.

Landlords who have not registered a property or who have not given tenants a copy of the registration, cannot be granted possession in an eviction case. Once the landlord does register, then a judgement for possession may be granted. Landlords who do not register, may be sued in local courts and may be fined up to $500 for failure to register.

:: Keeping Other Tenants In Line 

The landlord is responsible for seeing that all tenants respect the rights of others in the building. If a tenant is disturbing other tenants with loud music at night, destroying property, or violence against others, it is the landlord's responsibility to make that tenant stop. But in order for the landlord to be held responsible for any damages suffered by the tenants whose rights are being interfered with, one of the tenants must notify the landlord about the situation, preferably in writing.