Legal Question in Landlord & Tenant Law in New Jersey

Rental of apartment in New Jersey - What Information can LL require of tenant?

In New Jersey, can landlord ask tenant for 401K information, life insurance policy, whether tenant can borrow off of life insurance and 401K, and additional very specific financial information, in addition to salary information and pay stubs, before renewing a lease on an apartment? Tenant has had same job for 14 years, never paid rent late, has been excellent tenant. Tenant has given landlord six months of pay stubs from her job but he wants all her retirement information, life insurance information, and tenant is concerned about giving out all that information. Also, tenant is black and landlord is a corporation possibly alleged in the past to discriminate. At the same time, landlord has said that tenant must give information by Monday or cannot renew her lease.


Asked on 5/16/09, 12:09 pm

1 Answer from Attorneys

Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: Rental of apartment in New Jersey - What Information can LL require of tenant?

I shall assume that the rental property is in NJ as you stated. Generally, a tenant in NJ has the absolute right to renew a lease regardless of whether the landlord "offers" to renew the lease. If the parties do not enter into a new written lease, then the tenancy automatically converts to a month to month tenancy, with the tenant having the right to renew each month. In other respects, the new month to month tenancy is governed by the provisions of the prior written lease. The landlord may raise the rent by a "reasonable" amount (each month or year as the case may be). Does the lease provide that you will provide all of this information to the landlord? If so, failure to provide it might be a violation of the lease and therefore grounds for eviction, unless a court finds this provision to be unenforceable as against public policy. If the lease does not state that you will provide this information, then you are not obligated to provide it and failure to provide it would not be appropriate grounds for eviction. I suggest that you have an attorney carefully review your lease. You may call me if you would like.

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Answered on 5/16/09, 9:15 pm


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