Are There Limits on Residential Rent Increases in New Jersey
My question involves landlord-tenant law in the State of: New Jersey I live on 2nd floor, 2 family private home where landlord does not reside in Hudson County, 07029 zip, NJ.My current rent is 1200/mo. I just received a rent increase to $1400/mo. I pay my rent usually before date due and have never been late. No problem with landlord whatsoever. This is an increase of 16.67%. Is this legal? I live in Harrison, NJ.
Thanks in advance for your help!
Re: Rent Increase in New Jersey 16.67%
There's no statutory limits in most places. Once your lease ends, the landlord is free to propose a new rent for the lease renewal. There is a NJ law that bars "unconscionable" increases, but you'd have to take him to court to make that assertion. However, just a large increase doesn't make it unconscionable. It has to be out of line with similar properties in the area and would "shock the conscience of a reasonable person."
Re: Rent Increase in New Jersey 16.67%
Quote:
Quoting
blue eyes 63
This is an increase of 16.67%. Is this legal?
I'm assuming that you are not in a rent controlled area, or you would have mentioned it.
There doesn't appear to be "a" law (statute) addressing unconscionable rent increases. It's a matter of case law.
I found one site (there are many) that provides the following criteria for determining whether a given rent increase is unconscionable:
The actual amount of the rent increase;
The financial circumstances of the landlord (i.e., their revenue, profit, costs, etc.);
How the new rent compares to the rent of other similar units in the general location;
The power dynamic between the tenant and the landlord (how much bargaining power each has); and
Whether the rent increase would surprise or shock a reasonable person.
In searching for case decisions I found 232 appellate case decisions regarding unconscionable rent increases under a variety of circumstances.
https://scholar.google.com/scholar?s...en&as_sdt=4,31
I don't have time to read them all. I'll leave that to you.
A quick glance, however, reveals that the burden of proof is on the tenant and, obviously, you would have to go court to seek relief from the rent increase.
Re: Rent Increase in New Jersey 16.67%
Thank you very much, Jack, for taking the time to research and respond to my question. I found the same results as you, however I posted the question hoping I was wrong. I sincerely appreciate your help.
Again, thank you very much for your response!
Thank you very much for your time and response to my question. I truly appreciate your help!