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Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 4004
Experience:  30 Years of experience.
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My family and I are the tenants. I have a question about the

Customer Question

My family and I are the tenants. I have a question about the legality of an added provision to my lease. The form used for our lease is NJAR Form-125-3/14 and here is a link to a copy of the form that I found online:
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
Under section 45. OTHER LEASE PROVISIONS, IF ANY: our landlord included SIX additional provisions in total. The provision in question is #3 and it states the following: Tenant shall have exclusive use of the apartment, garage and yard. Landlord will retain partial use of the large storage room which is situated between the garage and the yard. Based upon the fact that the landlord assured us he just wanted to keep a FEW of his belongings in one little corner of the storage room and that he would always call ahead to access the property, my family and I reluctantly accepted this provision.
Customer: replied 2 years ago.
However, the problem began to arise when he started to take up more and more of the storage room, even moving our things out of the way. He also shows up unannounced at random times of the day and night (him and his employees) and opens our garage door and goes around our parked cars to go into our storage room. THIS IS A SINGLE FAMILY HOUSE and the storage room is not detached meaning that it is within the property, thus, the only way to get to the storage room is through the property, specifically our garage.
Customer: replied 2 years ago.
What I would like to know is whether or not provision #3 under section 45 is in violation of section 14 (QUIET ENJOYMENT) and section 17 (ACCESS TO THE PROPERTY). IF NOT then does that really mean that our landlord can just barge into our garage and walk through the rented property to get to his belongings in the storage room?
Customer: replied 2 years ago.
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Expert:  Gerald-Esquire replied 2 years ago.
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
I have reviewed the New Jersey Real Estate Commission approved standard lease to which you provided the link. I am also familiar with that document and the particular provisions to which you reference. Normally speaking, the conduct that you have described would be a violation of paragraphs 14 and 17 of the standard lease. It would be grounds for you to break the lease. However, in this instance you have agreed to modify your rights somewhat by agreeing to allow the landlord use of and access to a storage space inside the garage.
Notwithstanding that agreed to modification, you are still entitled to quiet enjoyment, and the agreed to notice by the landlord regarding his access to the space. The difficulty here, is that should you choose to challenge the lease you will need to persuade a judge that his conduct is in violation of the lease notwithstanding your agreed to modification.
Whether or not you wish to break the lease, or simply get the landlord to modify his conduct, the first step for you is to notify the landlord in regard to your disenchantment with his unrestrained comings and goings. In this regard your best bet is to write the landlord a polite, civil, but firm letter stating that the arrangement is not working out as he is comings and goings without notice, and his moving around of your personal property is disturbing your quiet enjoyment of the property.
Send the letter so that you have a receipt of delivery (i.e. Fed Ex or Certified Mail). You may wish to use this opportunity to renegotiate your lease or use it to pursue breaking your lease.
The following articles may be useful to you in this regard:
I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
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Good luck.
Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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