I recently came across some interesting information concerning New Jersey and landlord-tenant rights. In this case the New Jersey Public Advocate, Ronald K. Chen, noted that New Jersey and Washing DC have the strongest tenants' rights laws with regard to foreclosure and bank repossession of a tenant occupied property. Below I have posted directly from the NJ Public Advocate's web site ( http://www.state.nj.us/publicadvocate ). The most interesting point is that - despite many different opinions on the subject - tenants cannot be evicted from a foreclosed property even after the bank takes possession. There are some caveats, but none that scream "loop hole".
"Your Rights
Residential tenants in New Jersey cannot be evicted solely because the property where they live is in foreclosure or has been foreclosed.
In general, New Jersey law protects tenants against eviction from their homes so long as they:
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- pay the rent,
- respect the peace and quiet of their neighbors,
- avoid willful or grossly negligent damage to the property, and
- obey the reasonable rules they have agreed to in writing.
Enacted in 1974, the New Jersey Anti-Eviction Act protects residential tenants from losing their homes through no fault of their own. The Act applies whether or not the tenant has a written lease. The Act does not apply to tenants of owner-occupied homes with two or fewer rental units; units set aside for developmentally disabled members of the owner's immediate family; and hotels, motels and guest houses.
The laws protecting tenants from eviction apply throughout foreclosure proceedings and continue to have effect even after a new owner buys the property.
Who to Contact
The Department of the Public Advocate would like to hear from any tenants who have received notification that they must vacate their apartments due to a foreclosure. If you feel that you are at risk of being evicted from your rental home because of a foreclosure, please contact:
Department of the Public Advocate Office of Citizen Relations 609-826-5070 * Legal Services of New Jersey 888-576-5529 * New Jersey Tenants' Organization 201-342-3775"
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