The simple and obvious answer is, no, a landlord cannot enter a rental property without the tenant’s consent. New Jersey has one of the most liberal, pro-tenant laws in the country save California. A tenant’s right to peaceful possession of its rental property is strongly protected. A landlord has no right to enter a tenant’s rental home without a court order or the consent of the tenant. Even with a court order, such as an order of eviction, a landlord cannot, without the aid of a constable or sheriff’s officer, enter the rented space. There is one exception, however. An inspection of an apartment, which is part of a multiple dwelling by the N.J. Bureau of Housing Inspection or for inspection and maintenance by the landlord is permissible without the tenant’s consent. Such inspections and maintenance require reasonable prior notice, which has been held to be a minimum of one day. Such entries must also be reasonable; they can’t be a nuisance. Of course, entries without advance notice are permitted in the case of fire, structural or health and safety emergencies. —Donald B. Veix, Esq., Antheil Maslow & MacMinn, LLP
Under what circumstances may a landlord enter a rental property without the tenant’s consent in New Jersey?
Apr 18, 2017 | Legally Speaking