Attorney tells of landlord-tenant rights
BY JENNIFER AMATO Staff Writer

NORTH BRUNSWICK - A landlordtenant seminar was held by Mary Acevedo, a lawyer for Legal Services of New Jersey, at Linwood Middle School on Dec. 12. Legal Services is a statewide, nonprofit organization that provides free legal assistance to low-income residents with civil matters.

In regard to rent money, Acevedo said that money should be put into an account each month. A landlord can legally ask for a maximum of one-and-a-half months' rent as a security deposit. She said rent should never be paid in cash unless a receipt is issued.

"You bet your bottom dollar he's going to deny you ever gave him money," she warned. "If you don't have the evidence, it doesn't fly."

She said a tenant can withhold rent money if there are serious infractions, but proof by means of written documents is needed. She said most judges are landlords themselves and tend to be pro-landlord, so extensive evidence is needed in court.

"More than likely, the truth doesn't make you win," she said. "It all depends on how the judge rules."

Acevedo said that if a yearly lease is not signed, an occupant becomes a monthto month tenant. A landlord prefers a lease because he is protected by that contract. If a verbal lease is agreed upon, the tenant is assumed to be month-to-month, but Acevedo warned of the open levels of interpretation of a contract that is not documented. This includes utilities, which most landlords make the responsibility of the individual renters, or the issue of pets. This also includes association and maintenance fees at condominium complexes.

She said that once a tenant wants to end his lease, he should send a letter one month prior, via regular and certified mail. That way, if the landlord does not sign for the certified mail but the regular mail is not returned, it is assumed legally that he received notice of the tenant's departure. Then, by the next month, the landlord would have to refund the security deposit if another tenant is found as a replacement.

Speaking more in depth about security deposits, Acevedo said that if a landlord does not return the money, the tenant can sue for twice the amount plus court costs. Since nowadays the money must be put into an interest-bearing account by the landlord, and the tenant must be notified of the bank's name and account number, the tenant would receive the interest as well.

"The security deposit is not the landlord's money, it is only to protect his property," Acevedo said.

Yet the lawyer warned that the landlord can keep part or all of the money if damage is incurred, such as holes in the walls or destroyed carpets. However, he cannot charge for normal wear and tear.

"Security deposits are the biggest issue that we see, because tenants do not know their rights," she said.

Also, Acevedo said that although sometimes landlords feel that because they own the property, they can enter individual apartments whenever they would like, the tenant must first give the landlord permission, since the tenant pays rent - unless there is a serious problem such as needing access to fix something that may seriously damage the entire property.

In regard to raising fees, Acevedo said that a landlord can only raise rent by a certain percentage once a year. If an excessive amount is being requested, the attorney said the tenant should pay the regular amount and have the landlord take the tenant to small claims court. The judge will then determine the proper increase, but can penalize the landlord if he is being excessive.

"There cannot be gouging by the landlord," she said.

She also said that rent increases cannot be verbal.

"If it wasn't given it writing, it was never said," she advised.

Acevedo also said that a landlord cannot be discriminatory, and she clarified that not all immigrants are illegal. She said some come to this country seeking a better life with their proper paperwork, but then their visa expires and they become "undocumented." She said more and more, the Immigration and Naturalization Service is conducting raids because New Jersey is No. 5 in the nation in its immigrant population, and Middlesex County has the highest influx ofAsian-Pacific and Indian immigrants.

Overcrowding is a severe issue as well, including in North Brunswick. Acevedo said this is due to fire concerns and emergency situations. She said this is a problem for landlords, because New Jersey is the highest rental state outside of New York and California, and many complaints are received about too many people living in one house.

"If rent is so high and they cannot afford to pay their mortgage because the rent is so high … it becomes a code enforcement issue, because it's a fire issue or there are too many children or children who are not controlled," she said.

She also said that most landlords don't care about renting out illegal spaces, because they can collect untaxed rent money for rooms that are not reported to the government. She said that certain size specifications and occupant limitations are listed in township ordinances.

She said that neighbors with concerns about safety can anonymously contact the township's code enforcement department.

Because there are 40,000 attorneys in New Jersey, but only a small number who serve the poor, Acevedo said only one out of seven cases are defended by their organization. However, she said an advocate will do an intake and advise the caller of court procedures. For more information, contact Legal Services at (888) 576-5529 or visit www.LSNJLAW.org.

The presentation was sponsored by the North Brunswick Quality of Life Team.