There is a tenant above us that is making extreme amount of noises. We are the resident manager for the building in NJ. We approached her to please keep it down while I was pregnant and sick, it got worse. Now my daughter is 3 months old and is waken up all hours of the night and day. The owner of the building offered to carpet her entire apt, but she said no. We live in the basement apt so technically she is on the 1st floor. The lease states anyone on the 2nd floor must have at least 80% carpet. The owners seem to think that they can't change the lease when it's up for renewal to state that she must get carpet. Also, they believe that they don't have the right to just not renew her lease. It also says in the lease that a tenant cannot make ANY disturbing noises at ANY time. She is an old woman so they say they can't do anything about it. Is there a law in NJ that allows a landlord to change a lease or just choose to not renew when the time comes? Please help, my 3 month old baby gets less than 8hrs of sleep a day because she stomps and bangs around. And since we very nicely asked her to keep it down and offered to carpet for free, the noise has gotten worse and she refuses to get carpet. Is there anything we can do?

NJ law states that a landlord must offer a renewal to a tenant unless they are in violation of one of the rules that allow a landlord to evict a tenant. However a landlord is allowed to require "reasonable changes" in the terms of the lease upon renewal. A requirement that the tenant allow the apartment to be carpeted due to noise complaints from other tenants is definitely a reasonable change, particularly since the landlord is not requiring the tenant to pay for the carpet.

Also, if the lease says that the tenant cannot make any disturbing noises at any time, and if the landlord has received several complaints about noise, that is a lease violation and the landlord is allowed to evict the tenant or not renew (after written notices and an opportunity to cure have been given to the tenant).

NJ has a very good, very detailed guide about landlord/tenant laws. You can read it at http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf

You building owners must have been in the bottom half of their owners class, of course terms can change when a contract expires.

To whom it may concern, I'm a tenant in NJ and I've lived in an apartment for 1 year. My least just expired on 10/1/12 and my landlord provided a new lease for 10/1/12-9/30/13 with an addendum stating the current washer/dryer (which were provided by her when I moved in on 10/1/11) are now going to be my responsibility to either repair/replace if they stop working. My question is can she legally do this? The apartment came with a washer and dryer when I moved in 10/1/11. I feel like she's using the fact that I'm renewing my lease for this 2nd year to now hold me responsible for something that is her property and that she's known has been working faulty for the past year while I've lived here although she never addressed it or tried to get it fixed. What are my rights?

In NJ a landlord must offer you a renewal at the end of your lease but they are allowed to ask for "reasonable changes" in the terms.

During the last year did you ever notify the landlord in writing that the washer and dryer were not working properly? If you notified her in writing and she did not repair them then her attempt to transfer responsibility for them to you would not be considered a reasonable change. However if you cannot prove that you notified her that they were not working properly then transferring responsibility to you would be considered a reasonable change.

Thank you for responding. I never sent her anything certified so if it needed to be documented as such, then no, I couldn't prove that she was ever notified. I've sent her text messages, made phone calls, and she's had a plumber and a electrician in here who both stated they were aware that fuses/circuit breaker where the washer/dryer are located felt hot to the touch. However, she hired both of them so I'm sure they would never back me up.

If you have text messages then that might be good enough. Try telling her that you're not going to be responsible for the washer and dryer since she knows they aren't working properly.

The thing is, do you really want to stay at that property with a landlord like that?

I'm not sure how I would be able to track down the text messages. I've gotten a new phone since then.

As far as staying in this apartment, it's really difficult right now in this economy to up and move, or even find a place that's affordable in such a short period.

The time really isn't that short. If you want to fight her on this just tell her that you won't sign the addendum. If she refuses to make the deal without the addendum then you become a month-to-month tenant and she has to file a lawsuit for eviction saying that you refused to accept reasonable changes in the terms of the lease. Then you would appear in court, testify that you notified her by texts and phone calls that they weren't working properly and that you think it is unreasonable that she should now try to make you responsible for them.

You'll be taking a chance. If the judge agrees then the landlord has to offer you a new lease without responsibility for the washer and dryer. But if the judge disagrees then you will either have to accept responsibility for them or be evicted. Judges in NJ tend to be very tenant-friendly but that's not something you can count on.

OK, so she can't force me to move and say "I want you out in 30 days" if I don't sign the lease as she's requesting it currently?

Is it worth risking the eviction though if I were to lose in court (if it ever came to that)? I've never been evicted so I don't really want that on my record.

She can try to force you to move if you don't sign the addendum. She would do that by giving you a notice that your tenancy is terminated and you must move out. If you refuse to move then she would have to file a lawsuit for eviction and she would have to prove that she offered you a new lease with "reasonable changes". Then you would have to testify that the change was not reasonable. As I said earlier, it's a risk.

If you like the apartment and really want to stay there, here's another option: why not try to make a deal with her? If the washer and dryer need fixing maybe you can split the cost with her. If finances are an issue you can offer to pay it out to her over several months to be included with your rent.

I've heard if it's absolutely necessary than the landlord can change the lease and make it so they can replace the carpet. I had this happen to a friend of mine. They used http://www.smartcarpet.com/site/carpet/ to replace the carpet and it turned out great. I am not sure what the correct solution would be in your situation but I know that can change the contract if it benefits both parties.