A Major Win for NJ Renters: Court Rules Landlord’s Lease Was Unenforceable
the staff of the Ridgewood blog
Ridgewood NJ, in a significant victory for tenant rights, a New Jersey appeals court has overturned the eviction of a Ridgewood family, finding that their landlord offered a lease that was both legally flawed and unreasonable. The ruling underscores the critical protections provided by the state’s Anti-Eviction Act and the “implied warranty of habitability.”
The case centered on Simon and Urvat Balaj, who faced eviction from their Ridgewood home after refusing to sign a new lease from their landlord, the KTWE Group.
A Lease That Tried to Shift All Responsibility
The proposed lease contained two major issues that led to the court’s decision:
- Unlivable Terms: The lease stated that the landlord would not be responsible for basic repairs to major systems, including the heat, plumbing, or roof. This was justified by the landlord’s plan to tear down the house after the school year ended.
- A Massive Rent Hike: It also included a sharp rent increase from $2,850 to an “unreasonable” $5,000 per month if the family stayed beyond a specific date.
The Balajs refused to sign the lease, arguing its terms were unacceptable. The landlord then issued two eviction notices, both of which the appeals court found to be improperly handled and not in compliance with state law.
The Legal Ruling: Tenant Protections Upheld
The Appellate Division judges reversed the lower court’s eviction order, focusing on two key legal principles:
- Anti-Eviction Act Violations: The court found the landlord failed to properly notify the tenants, violating a state law designed to protect renters from being evicted without proper cause and notice.
- Breach of “Warranty of Habitability”: Most importantly, the court ruled that the lease terms themselves were illegal. New Jersey law requires landlords to maintain safe and livable homes. The proposed lease attempted to transfer this responsibility to the tenants, which the court stated was a violation of the “implied warranty of habitability.”
The appeals court’s decision allows the Balaj family to remain in their home and sends a clear message to landlords that they cannot create lease agreements that disregard a tenant’s basic rights to a safe and livable home.
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Tenants always have the rights especially in NJ.
Some of these landlords are terrible. So money, hungry, and they don’t replace anything repair anything.
If they don’t repair something you are entitled to do so and take it out of the rent. In this case it appears landlord wanted to sell and is now stuck with a tenant that nobody wants. Almost as bad as rent control
Zorhan will fix this !