Beginning the Landlord Tenant Relationship

by Mary Ann Pidgeon

The landlord tenant relationship must be established in writing or established in the actions of the parties. The first issue is determining if there is a legally enforceable landlord tenant relationship. If there is a written lease, the relationship is clear. However, a lease does not need to be in writing. An agreement may be established
by one party living on the property of another and paying for the privilege of living there. In this case, most courts would determine that the landlord tenant relationship existed.

When there is a written lease, the law prescribes certain conditions and minium standards. The Plain Language Law of New Jersey requires that the language of the lease must be simple and understandable.

Furthermore, the landlord must provide the tenant with a copy of The Truth in renting statement which is provided by the Department of Community Affairs. This document explains the legal rights of the landlord and the tenants. The landlord will be penalized if they fail to supply the statement. If the landlord includes an illegal provision in the lease, the landlord is also subject to penalties including the tenant’s right to terminate the lease.

Even if the lease does not clearly violate the rights of the tenant, the tenant may have rights to invalidate the lease. A tenant who thinks that the lease has an unreasonable provision may file an affirmative suit for declaratory relief. In order for the landlord to pay a monetary penalty under the penalty enforcement Act proof of a clear violation of existing rights must be demonstrated. A merely unreasonable provision will be not sustain a monetary penalty but may provide grounds for the termination of the lease.