From Governor Phil Murphy:
BREAKING: Today I’m signing an Executive Order LIFTING OUR STAY-AT-HOME ORDER.
Please continue to be responsible and safe. Wear face coverings and keep a social distance from others when out in public.
Landlord Tenant Law in NJ During Covid-19
On March 19, 2020, Governor Murphy issued Executive Order 106, which immediately suspended evictions throughout the state. Under the Order, a tenant may not be removed from their home as a result of an eviction proceeding, with rare exceptions for cases such as when a tenant is violent or endangering other tenants.
The Order does not halt court proceedings; it prevents lockouts and removals. The state Supreme Court controls court proceedings related to eviction and has suspended all eviction proceedings.
The Order will last until two months after Governor Murphy declares an end to the COVID-19 health crisis, unless the Governor issues another Executive Order to end it sooner. Local authorities will then resume removing tenants who are subject to final court orders of eviction.
If you have any questions about your landlord tenancy rights, contact South Jersey Law Center LLC.
Modern day legal drive by.... Real estate closings still proceed during present circumstances. Here is an example. We can still get things done if we need to in an intelligent and safe manner.
New Executive Order Regarding New Jersey’s Workforce During COVID-19 Takes Effect November 5, 2020.... Per the Order, the following in-person workplace health and safety protocols go into effect:
• Provide approved sanitization materials to employees and visitors at no cost to those individuals;
• Ensure that employees practice hand hygiene and provide sufficient break time for that purpose;
• Routinely clean and disinfect all high-touch areas in accordance with DOH and CDC guidelines;
• Conduct daily health checks, such as temperature screenings, visual symptom checking, self-assessment checklists, and/or health questionnaires, prior to each shift, consistent with CDC guidance;
• Exclude sick employees from the workplace and follow requirements of applicable leave laws; and
• Promptly notify employees of any known exposure to COVID-19 at the worksite.
See additional information here: https://www.nj.gov/governor/news/news/562020/20201028a.shtml#:~:text=TRENTON%20%E2%80%93%20Building%20on%20ongoing%20efforts,at%20work%20during%20the%20pandemic.
We wish you a safe and healthy holidays. Good things ahead for all of us in 2021!
NEW JERSEY TENANCY LAW UPDATE THROUGH OCTOBER 2020
Can I be locked out of my home during the COVID-19 emergency? No. NJ government order prevents lockouts at this time. On March 19, 2020, Governor Philip Murphy issued Executive Order 106, which suspended evictions. This state eviction moratorium will last until two months after Governor Murphy declares an end to the COVID-19 health crisis. The Governor has extended the official public health emergency several times, most recently through Executive Order 191, which will expire on November 25. Unless the Governor extends the emergency again, or ends it early, the eviction moratorium will last at least until January 25, 2021. The state eviction moratorium does not affect what rent is due. Tenants still owe the rent. The moratorium also does not stop court proceedings; instead, it prevents lockouts and removals. The New Jersey Supreme Court controls court proceedings related to eviction.
What if a lockout notice or warrant of removal has already been issued? The state moratorium applies to all pre-existing orders for removal. Any previously issued order for removal is suspended, and you cannot be removed from your home during the moratorium.
What if my landlord locks me out illegally? It is a crime for your landlord to lock you out. Under New Jersey law, only the courts can order evictions, and only government officials can remove you from your home. If your landlord locks you out, call the local police. They are required to help you get back into your home. If they tell you this is a “civil” matter that doesn’t involve them, ask them to look at this statute: N.J.S.A. 2C:33-11.1.
What happens when the eviction moratoria end? Local officials will resume removing tenants who are subject to final court orders of eviction.
Do I still need to pay my rent? Yes. Rent is still due, and you should pay if you can. If you do not pay, your landlord can still demand the rent and file an action against you in court (see below). If you need guidance on how to address your rent situation with your landlord during this time, you can call the New Jersey Housing and Mortgage Finance Agency for free counseling over the phone. Visit https://njhousing.gov/foreclosure for a list of counselors by county.
If I can’t afford to pay my rent and fall behind, will I still owe the money? Yes. Any payments you miss now will become back-rent that you owe. One way or another, you will probably have to pay later whatever you cannot pay now, or you will ultimately face possible eviction.
Can I use my security deposit to cover some of the rent I owe? Yes. On April 24, 2020, Governor Murphy issued Executive Order 128, which allows tenants to request in writing that their landlords apply their security deposits to the rent they owe during the Public Health Emergency and up to 60 days afterwards. The landlord must comply with such a request. If the tenant causes damage to the property, the landlord may require the tenant to pay for that damage if and when the landlord would otherwise have been entitled to recoup the cost from the security deposit. If the lease is renewed, the landlord may also require the tenant to post a new security deposit either six months after the end of the Public Health Emergency or when the lease is renewed, whichever is later.
What about court? Is the court holding eviction trials? Only in emergency cases. On July 24, 2020, the New Jersey Supreme Court ordered that most trials in landlord-tenant court continue to be “suspended until further notice.” The order makes clear, however, that trials may proceed when the court determines that there is an emergency. Under the order, nonpayment of rent does not constitute an emergency “except in the case of the death of the tenant.”
Are the courts accepting cases that landlords file against tenants? Yes. The July 24 order allows landlords to file eviction complaints against tenants, even though trials will be held only in emergencies at this time. You may therefore receive an eviction complaint in the mail and/or posted at your residence.
What if my landlord has already started an eviction proceeding against me in housing court and I have an upcoming court date? While landlord-tenant court is suspended, you should not go to court, and you will not be penalized for not going to court. The court may still send you a notice to appear at a telephone or video-conference, however.
Can my utilities, water, phone, and internet be shut off during the COVID-19 crisis? No. As of March 13, 2020, New Jersey’s electric and gas utilities voluntarily suspended utility shut-offs. On October 15, 2020, the Governor’s Office issued Executive Order 190. This Order suspends residential utility and water shutoffs until March 15, 2021, requires resumption of service that has been discontinued, and forbids the imposition of late fees arising during the emergency period. In addition, the Order prevents cable and telecommunications providers from terminating internet and phone service to residential customers in New Jersey before November 15, 2020. After November 15, the provider must check with the customer to see if school-aged children are using the internet service for educational purposes. If so, the provider may not terminate the service until March 15, 2021. In all other cases, the provider must offer an interest-free payment plan and may not disconnect service if the customer agrees to such a plan.
Do I still have to pay for utilities, water, phone, and internet? Yes. You still have to pay whatever electric, gas, water, phone, or internet bills you normally pay. If you cannot pay now, you will have to pay later. The NJ Department of Community Affairs offers low-income tenants assistance with some utility bills; you can call the customer service number on your utility bill, or look up the number here, to try to work out a payment plan; or you can check the website of the Board of Public Utilities for a list of agencies that offer assistance.
