by Mary Ann Pidgeon Esq.
Pidgeon & Pidgeon, PC
600 Alexander Road
Princeton, New Jersey 08540
(o) 609-520-1010 / www.pidgeonlaw.com
The terms of your lease are very important and should be reviewed by your attorney prior to signing. The law does not allow the landlord to include a provision which waives the tenant’s rights. Specifically, the right to have a warranty of habitability cannot be waived. Hopefully no landlord will put a clause waiving the right of habitability in a lease. If it is included, that is a red flag and that landlord should be scruntinized. The usual terms include the following:
A. The term and amount of the rent: The amount of the rent for the year is included and also set forth in a monthly amount. When a tenant breaches the lease, the landlord may recover the amount remaining unpaid for the year or term of the lease.
B. Reasonable sublease provision: The landlord may accept a reasonable clause to provide for subleasing if necessary.
C. Pet Clause: The lease should address whether pets are allowed or not allowed. The lease should also set forth any details about the pet including number and size, if allowed.
D. Late fees if the rent is received after the due date.
E. Payment of the landlord’s attorney’s fees. If the landlord has to pay an attorney to file a suit to evict a tenant or seek damages for breach of the lease, the tenant will be responsible for the payment of the attorney’s fees and costs such as filing fees and notice.
F. The right to reenter. If the tenant breaches the lease, the landlord retains the right to reenter the property to take possession.
G. The due date of the rent and late fees for late payment.
