can a landlord who is an attorney collect attorney fees from a tenant in nj

by Mr. Kieran Wisozk 7 min read

It has long been the custom in New Jersey to have a clause in a residential lease that says that if the tenant defaults in the terms of the lease, the landlord has the right to collect attorney fees and court costs in the event that the landlord has to go to court to enforce the terms of the lease.

The new law states that a landlord can still collect attorney fees and court costs from the tenant if the landlord files an eviction action for non-payment of rent and the tenant pays the rent after the filling date of the eviction complaint, but before the entry of the judgment, unless the court finds that the tenant ...

Full Answer

Can a landlord claim legal costs?

It is important to bear in mind that the award of costs is always at the discretion of the court. If a landlord loses the claim they won't be entitled to recover their costs, whatever the lease says!Sep 16, 2015

Can a landlord charge a tenant for legal fees in NJ?

Therefore, the Landlord Tenant Court cannot actually compel a tenant to pay rent, legal fees, or other costs. The Landlord Tenant Court can only instruct that if the tenant does not pay the rent, plus any legal fees and costs that are due, that a Judgment for Possession would issue against the tenant.Feb 8, 2014

Can you sue your landlord in NJ?

Suing Your Landlord in New Jersey Small Claims Court. Suing your landlord is inexpensive, usually less than $50 to file a case (fee waivers or deferrals are sometimes available for people with low incomes). You don't need a lawyer—in fact, they're not even allowed in some cases.

What is the maximum late fee allowed by law in NJ?

The Late Fee Fairness Amendment Act regulates the late fees that landlords may charge tenants. The Act says: A landlord can only charge a tenant up to 5% of the rent as a late fee.

How do I file a complaint against a landlord in NJ?

To file a complaint from anywhere in New Jersey, contact the Bureau of Housing Inspection's Housing Code Enforcement at 609-633-6241.Jan 31, 2022

Where can I file a complaint against my landlord NJ?

How do I report a landlord in NJ? To file a complaint from anywhere in the state of New Jersey, contact the Bureau of Housing Inspection at (609) 633-6241.

What a landlord Cannot do?

Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.

What are landlords responsible for in NJ?

Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability.

Can I get evicted during coronavirus in NJ?

Low- and moderate-income households who have applied for state or local rental assistance, and who have experienced an economic impact due to the COVID-19 pandemic are also protected from eviction for unpaid rent accrued through December 31, 2021.Dec 16, 2021

How much can a landlord raise the rent in NJ?

If the landlord wants to increase the rent, he or she must abide by the percentage of the CPI three to 15 months prior to the end of the lease. The allowable rent increase should never exceed 4% in any consecutive 12-month period.Feb 17, 2022