When a tenant allows someone to move in without permission, the terms of the lease, and the trust between landlord and tenant, can be compromised. In New Jersey, landlords have the right to address these violations, provided they follow proper legal procedures. Knowing how to identify, respond to and resolve the issue is key to protecting your rental investment.
Lease terms as the first line of defense
Most leases in New Jersey explicitly state that tenants must obtain the landlord’s approval before allowing additional occupants. This clause helps landlords maintain control over who resides in the property and ensures proper screening procedures are followed. A tenant who violates this requirement may be considered in breach of the lease, and the landlord can enforce their lease.
Responding to unauthorized tenants
If you become aware of an unapproved occupant, start by reviewing your lease and confirming whether it includes a clause requiring consent for new residents. Next, issue a written notice to the tenant detailing the violation and requesting action, either removal of the individual or formal application for approval, including background screening.
In many cases, a “cure or quit” notice is appropriate. This gives the tenant a specific period to correct the violation before facing potential legal consequences. The notice should outline the next steps and reference the relevant lease terms.
Legal remedies through eviction
If the tenant fails to comply within the notice period, landlords can initiate eviction proceedings for lease violation. Under New Jersey law, harboring unauthorized occupants can constitute substantial noncompliance. It is essential to document the breach and follow statutory notice procedures. Refer to the New Jersey Courts landlord-tenant forms to ensure you meet procedural requirements.
Alternative resolution options
Sometimes, keeping a good tenant is worth exploring alternative solutions. You may choose to update the lease by adding the unauthorized occupant as an approved tenant, assuming they pass your usual vetting process. A lease addendum can formalize this arrangement and reestablish boundaries. This option preserves stability while ensuring compliance.
Unauthorized occupants can create legal and logistical complications for landlords. By understanding your rights under New Jersey law and acting promptly, you can reinforce lease integrity, address violations and decide whether correction or eviction best serves your rental property’s interests.
