One of the major problems caused by COVID-19 is the increase in unemployment throughout the United States, and New Jersey is no exception. For many people, rent or mortgage payments are reliant on monthly paychecks, and being out of work can raise a lot of questions regarding your rights in the face of impending eviction. Given the unprecedented circumstances, is it still legal for a landlord to evict you during the COVID-19 pandemic?
On March 19, 2020, Governor Phil Murphy issued Executive Order No. 106, which states that any lessee, tenant, homeowner or any other person shall not be removed from a residential property as the result of an eviction or foreclosure proceeding. This moratorium on evictions will remain in place for up to two months after the end of this emergency.
COVID-19 Rent Relief Programs
In another executive order (No. 128), Phil Murphy announced that renters can use security deposits to pay rent. Tenants will not be obligated to make any further security deposit relating to their current lease agreement but would still be responsible for any monies landlords expend that would have been reimbursable via the security deposit as outlined in the original contract (i.e. damage to the property).
The New Jersey Housing and Mortgage Financing Authority has authorized an emergency grant funding program for the owners of small rental apartment buildings to help cover their COVID-19-related rent losses from April through July. Landlords who receive assistance must pass along the benefits to their tenants by forgiving outstanding back rent and late fees accumulated during this period.
How Long Will The Eviction Moratorium Last in NJ?
The moratorium began on March 19, 2020 and is stated to last until two months after the COVID-19 crisis is declared to be at an end by Governor Phil Murphy. The official public health emergency declaration has been extended several times and is currently set to expire on September 26, which means the eviction moratorium would expire on November 26. It is unclear at this time whether there will be another extension.
Rent Payments During COVID-19
While the moratorium currently makes it so landlords cannot evict tenants, it does not mean that you don’t have to pay rent. If you can afford to pay rent, it is in your best interest to do so, as choosing to not pay will just become back-rent that you will owe later. Any payments you miss now will need to be paid later or you will face eviction when the moratorium expires.
Can Landlords Increase Rent During COVID-19?
So far, the state government has not banned rent increases during the crisis. In the absence of statewide protection, tenants retain whatever protections may already have applied, including lease provisions and rent control ordinances, which normally permit rent increases only once a year.
Legal Action If Your Landlord Tries to Evict You During COVID-19
If you are a tenant and your landlord has attempted to evict you or lock you out of your rental home during COVID-19, you can file a civil case. If you have been subject to any of the following you should take legal action immediately:
- You have been locked out by your landlord without a court order
- You have had your utilities turned off or otherwise not able to live in your rental home
- You need access to your personal property and/or have had your personal property taken by your landlord
Use the Illegal Lockout packet and email it to the emergent filing mailbox for your county (click here for a directory). Your local court ombudsman should be available to answer any questions you might have.
If you need assistance in taking legal action against your landlord, reach out a landlord-tenant lawyer to discuss your situation.
