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Comments
ClaymoreMine t1_j4n9al7 wrote
That is wrong. IANAL, NJ stipulates that a rental increase cannot be unconscionable and it’s on the landlord to argue to the court that the increase is justified.
falcon0159 t1_j4nwfyr wrote
This is true, but it actually has to be unconscionable, as in significantly above fair market rental value. If you were under paying for a long time, they can raise to fair market value in a town with no rent control, even if it's a large increase. From there, you'll just be fighting in court with the landlord (or their lawyers) which will suck up enough time and energy that you might as well move. Especially as on a month to month, if you decide to sue for unconscionable increase, they can just terminate your lease and give you the 30-90 days to leave depending on the lease.
Vegoia2 t1_j4nva91 wrote
you can use the unconscionable inrease law even if landlords live on the premises. My city has good laws and tenants rights but you need to see what your towns are, usually it's all online.
themagicalpanda t1_j4n05hv wrote
new jersey has no statewide rent control laws in place. Check to see if your county and/or town has any rent control laws.
besides this recent increase, when was the last time your rent increased and by how much?
[deleted] OP t1_j4n0eqm wrote
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themagicalpanda t1_j4n2bfi wrote
here are the jersey city ordinances
your best bet is to probably 1. call jersey city's OFFICE OF LANDLORD/ TENANT RELATIONS; and/or 2. consult a lawyer. if this is the first increase in 2 years, then 17% may not be unconscionable. rent may have been under market rate and with the increase it's now at market rate.
Vegoia2 t1_j4nvemo wrote
oh you arent in podunk, you have rights in JC. I'm in Newark.
GooseNYC t1_j4n8ozm wrote
JC has very strict rent control but it probably doesn't apply to new construction.
As my response said, unconscionable rent I creases are illegal statewide. First call the rent control office or housing department in JC. If they say your rent is not controlled, then tell your landlord they are violating state law and they should lower the increase.
NJ also has a no eviction without cause statute, so they cannot just decide to evict you for asserting your rights.
Vegoia2 t1_j4nvlae wrote
there's also caps on percentages of increases if the landlord doesnt live in a multifamily home on premises.
grfede1 t1_j4nbgzt wrote
Does not know what they are talking about.
GooseNYC t1_j4ndtj7 wrote
That's the law.
The 10% is sort of an "unwritten rule" but it's the yardstick any judge would use.
hfhifi t1_j4og5a5 wrote
Rents on apartments in NJ went up over 25% average in 2021. So 10% is well below that. Maybe things got better in 2022.
GooseNYC t1_j4ogn9r wrote
Established tenancies in NJ did not get a 25% increase. That's not correct.
Rents may have risen as people move in and out of market rate apartments. That may have gone up 25%. And many people don't know the law so they don't challenge it. It's an unusual law, to say the least.
Dbssist t1_j4n0t72 wrote
NAL, but from what I've read, NJ doesn't have any specific laws regarding rent increases, but the individual municipalities may have such ordinances.
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For example in Freehold, the increase can only be 90% (80% if tenant pays for heat) of the percentage difference in Consumer Price Index 4 months before the start of the current lease and 4 months before the implementation of the next lease. So from my understanding if it goes from 3% to 4%, then my rent can only be increased by a maximum of 0.9% if my dwellings are not exempt.
There are other things such as hardship and market price adjustments, but I don't really understand that as much. All I know is that my rent went up by 1.3%, so 17% seems like it'd be a significant amount in a rent controlled municipality.
CaelestisAmadeus t1_j4n20x0 wrote
>Is this % increase and notice timing legal?
On the increase: it depends. Instinctively, I'd say no, and you could probably argue to a judge that it's unconscionable. However, making an argument before a judge requires you to get sued for eviction, which is almost always the least preferable option for you as a tenant.
On the timing: that would normally depend on when your lease ran. Since you say that this is the first time your rent has increased and you're month-to-month, I don't see anything about the timing that is unlawful.
Responsible_Move_144 t1_j4n9pap wrote
The no lease part is the problem. When you don’t renew , and go month to month you are considered almost like a new applicant. Which means old rent doesn’t qualify, you can try talking to rent control though
MrLurker698 t1_j4nis5z wrote
I live in Jersey City too. Just had mine increased similarly. Unfortunately, there’s not much you can do. Landlords have extra justification to raise rent here since the property tax went up a lot the past 2 years. They gave you the proper amount of notice (legally speaking)
GooseNYC t1_j4n89tq wrote
NJ has no statewide rent control, some cities and towns do however.
Irrespective of that there is a state statute banning unconscionable rent increases. There is no official number, but 10% seems to be the absolute upper limit.
princessmoma t1_j4ojxv8 wrote
I don’t think it’s illegal… I’ve heard of similar things happening in the apartments in West New York last summer when we lived there. The Landings supposedly raised their rent by 25% and tenants couldn’t afford to renew their lease
Linenoise77 t1_j4quipo wrote
If you don't live someplace with rent control, generally it is, unless you can demonstrate the landlord is raising it that amount specifically to get you to move out. (ie, its considerably above market rate for a comparable place).
Landlord costs have gone up considerably the last few years.
Cpt_Wolf t1_j4n0ojg wrote
It depends on where you are in the state. According to Google, there is no statewide rent control. You'd have to check with your town and county.
Also not having an annual lease does leave you at the mercy of your landlord as far as policy and rate changes go. That lease is a contract that outlines all those policies and locks them in. No lease, no contract. Definitely not advisable to not renew, as that protects you from them suddenly changing their policies.