If my landlord states something in the lease but the state law states otherwise, is the lease enforced?
I am in the process of signing a renewal lease with my current landlord.
In the lease he has this section:
15. No Waiver by Landlord. The Landlord does not give up any rights by accepting rent or by failing to enforce any terms contained in this Lease.
But the law in the State of NJ is:
Waiver—the landlord knew about it but continued the tenancy
The landlord waives, or gives up, his or her right to evict you if he or she knows that you have been breaking the lease or any rules of the tenancy but still accepts your rent payment during this period. Cite: N.J.S.A. 46:8-10. Here are some examples of a waiver:
* The landlord sends you a notice to cease playing loud music and then sends you a notice to quit by March 31. If the landlord accepts your April rent payment, the landlord has waived the notice to quit. Cite: Royal Associates v. Concannon, 200 N.J. Super. 84 (App. Div. 1985). While the acceptance of rent is a very important factor in determining whether the landlord has waived the notice to quit, it may not be sufficient, depending upon the facts of a particular case.
Is it legal for him to have this section in the lease? Should I ask him to take it out?
- acermillLv 71 decade agoFavorite Answer
You can ASK that he remove such language from the lease, but your landlord is not obligated to do so. Contractual lease language generally will over ride any state statute. If you continue to break his rules, all he needs to do is to refuse your rent for any given month, and then he can start eviction.
- Anonymous5 years ago
If it replace into on your hire settlement you’re screwed. yet otherwise your landlord shouldn’t be complaining and attempting to nickel and dime you. Your house isn't a hotel, lodges will fee you for having greater human beings occupying a room than what replace into agreed upon. Occupied in leasing words in lots of cases means residing there. regardless of if it may additionally recommend 3 human beings frequently at any given factor. It sounds like finished BS.
- 1 decade ago
If he is doing something unlawful and you break the lease you can bring that up in small claims court and this will help you in not pay penalities for breaking the lease