Renting in New Jersey can be stressful, especially when it comes to rent increases. With changing laws and the fluctuating economy, tenants need to be aware of their rights and responsibilities in 2024.
This blog covers key points about rent increase laws in New Jersey, empowering tenants with the knowledge they need to protect their housing situation.
1. No Statewide Rent Control
New Jersey does not have a statewide rent control strategy like some other states do. This means that owners can usually raise rent whenever they want, unless the law in the area says otherwise.
But many cities and towns in New Jersey have their own rent control laws that might limit the amount that rent can go up each year.
These local laws are meant to protect renters from sudden or sharp increases in rent. The limits are usually set numbers or based on inflation.
Tip: People who rent should check with their city or town’s housing authority or local government to see if there are rent control laws in place.
2. Notice of Rent Increases
In New Jersey, landlords have to give renters enough notice before raising the rent. How long you have to give notice varies on the type of lease.
When landlords want to raise the rent for month-to-month renters, they usually have to give 30 days’ notice. If a tenant has a fixed-term lease, their rent can only go up when the lease is renewed, and the owner has to give them notice before the renewal date.
What to know:
For month-to-month deals, you need to give 30 days’ written notice.
For fixed-term leases, owners can not raise the rent until the lease is up, and they have to give notice before the lease is renewed.
3. Rent Increase Limits in Rent-Controlled Areas
If you live in a city or town with rent control rules, your landlord can not raise the rent by too much.
Most of the time, these laws either tie rent rises to the Consumer Price Index (CPI) or set cap levels, which are usually between 2% and 5%. In some places, tenants who are seniors, disabled, or have long-term leases are also protected in extra ways.
In 2024, cities and towns that control rents might change the percentage rise that is allowed to match changes in inflation or the cost of living in the area. Tenants should stay up to date on changes to local laws.
Important municipalities with rent control laws include:
- Jersey City
- Newark
- Hoboken
- Paterson
4. Disputing Unfair Rent Increases
In New Jersey, renters can fight a raise if they think it is unfair or against the law. In places where rent is controlled, increases that are higher than the allowed percentage are not allowed.
If a tenant thinks that their rent increase is against the law, they can either make a complaint with the New Jersey Department of Community Affairs (DCA) or their local rent control board, if there is one.
Also, owners can not raise rent as a form of punishment. For instance, if a renter has complained about bad housing conditions or not paid rent because of unresolved maintenance issues, the landlord cannot raise the rent as a punishment.
New Jersey does not allow rent raises as a form of retaliation. Tenants can go to court if they believe they are being unfairly targeted.5.
Rent Increase After Renovations
If the landlord has made major repairs or changes to the rental property, they may be able to explain why they need to raise the rent more than usual.
Tenants should be careful, though. A big rent hike might not be necessary for small improvements like a fresh coat of paint or some minor fixes.
If a landlord wants to raise rent in a rent-controlled area because of big repairs or renovations, they have to get permission from the local rent control board.
6. Rent Control Exemptions
Some rental properties might not be affected by rules that control rent. For example, new buildings (usually ones built after a certain date, like 1990) are usually not subject to this tax.
Other things that might not be covered by rent control laws are certain kinds of housing, like owner-occupied buildings with fewer than four rental units. It is important for renters to know if the place they live is protected by rent control.
7. Legal Recourse for Unlawful Rent Increases
Tenants have choices if their landlord raises the rent without following local rent control rules, does not give them enough notice, or raises the rent again as punishment. These things are possible:
- File a complaint with the local rent control board (if applicable).
- Seek assistance from the New Jersey Department of Community Affairs.
- Take the landlord to small claims court to challenge the rent increase.
Conclusion
Tenants in New Jersey need to know the rules about rent increases in order to be treated fairly and keep their housing stable.
Since there is not a statewide rent control law, but there are a lot of local ones, tenants need to be bold and find out what the rules are in their area. Tenants can handle rent increases with confidence in 2024 if they stay aware and know their rights.
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