In today's article we will discuss the importance of two separate documents necessary for landlords of residential property.
Certificates of employment
The first document – a certificate of employment. The vast majority of municipalities of the State of New Jersey requires that landlords received a new certificate of employment every time a new tenant moves. Checks that accompany the application for a certificate of occupancy, depend on the municipalities. Angeles check smoke detectors, and when the heating gas will also check carbon monoxide detector. Some cities will also hold a much more thorough examination to try to improve the quality of housing in the city. It should be noted that municipalities no longer require a new certificate of inspection if the place of residence, some & # 39; I expands naturally (for example, the birth of a new baby).
While most landlords vaguely familiar with the fines, which the municipality may impose for not having received a certificate of occupancy, few people are familiar with a much more serious & # 39; serious consequences that can result from such a failure. Where the certificate is required for accommodation, rent a house without a certificate of residence from the & # 39 is illegal contract. Thus, Khoudary social services in Council v. Salem, 260 N.J.S. 79 (Div App. 1992), the court determined that the landlord who rents rent without a certificate of occupancy, has no right to sue for rent.
In fact, Hadar said that the court will not help the landlord to carry out the illegal agreement. If the tenant frees space for the rent or for the previous months or for a few months, which may be a benefit due to non-compliance with the lease, the landlord can not before the & # 39; make known a claim for rent collecting, and, in addition, the tenant can not apply the guarantee. deposit up these rents. The landlord still can before the & # 39; to manifest before the & # 39; the emergence of the claim or deny security for damage to, for example, the destruction of the apartment. It remains uncertain whether the court will allow the tenant before the & # 39; make known a claim for the return of the rent previously paid by illegal contracts; However, most courts rule that the tenant has to pay for the help of quantum merit of use of the apartment.
For nearly a decade, the courts have interpreted the decision in Khodarev, which means that a certificate of employment – an obstacle for the eviction. However, this issue has since clarified. In the case against Brown and McQueen Cook, 342 NJS 120 (App. Div. 2001), the Court ruled that, in spite of a certificate of occupancy, the contract was unlawful, the landlord still retained the right tenant eviction. In fact, the Court's decision states that the lessee should not be able to take advantage of the illegal contract, and, moreover, it is clear that to leave the tenant in an illegal rental would be contrary to public policy.
A statement of the landlord registration
Whereas a certificate of placement is not of & # 39 is banned for eviction, if the receipt of the application for registration of the lessor (a / k / a statement of certificate of land owner) will prevent eviction. All residential premises, which are not of the & # 39 are owners in the state of New Jersey must be registered as rent. Unlike certificates of employment, the application for registration does not require inspections and need not be repeated on the arrival of new tenants. In most cases, one application for registration come into effect eternity.
If the rental is one or two family homes, the registration may be submitted to the clerk of the municipality. In some cases, the municipality will charge a nominal fee for the registration of the property and an additional fee when renewing. If the property is composed of three or more residential property, the property must be registered with the Division of the New Jersey State Society. The application for registration of landlords must list the names of owners and their contact numbers.
Failure to comply with registration requirements can have serious & # 39; serious consequences for landlords. First N.J.S.A. 46: 8-33 states that "the decision on storage can not be made until it is done (the Law) …" At the same time, the Charter states that the Court may continue the work (up to 90 days) to non-compliance fixed, some landlords may be unaware. Some New Jersey districts even require the landlord before the & # 39; manifest proof of registration at the hearing on rent.
Another consequence of failure in obtaining a registration statement – the imposition of fines. The firm has kept representatives of several landlords who were not able to get the application for registration. As in the case of obtaining a certificate of occupancy, the penalty for non-registration can be quite large, and in the cities usually imposed separate penalties for each dwelling in the building.
In conclusion, it is best to make sure that you get as a form of employment, and the application for registration of the lessor before renting your property. If you forget to apply one of the two documents, you can face serious & # 39; severe penalties both on the part of the municipality, as well as in the civil case with your people.