The New Jersey Department of the Public Advocate has started a campaign to let tenants know that they cannot be evicted solely because the property where they live is in foreclosure or has been foreclosed. The laws protecting tenants from eviction apply throughout the foreclosure process, even after a new owner buys the property. If you are a renter and in this situation, please contact the Department of the Public Advocate, Division of Citizen Relations, at 1-609-826-5070.

In general, New Jersey law protects tenants against eviction from their homes as long as they:

• Pay the rent,
• Respect the peace and quiet of their neighbors,
• Avoid willful or grossly negligent damage to the property, and
• Obey the reasonable rules they have agreed to in writing.

The Anti-Eviction Act
Enacted in 1974, the Anti-Eviction Act protects residential tenants from losing their homes through no fault of their own. The Act applies whether or not the tenant has a written lease.

Exceptions are limited. The Act does not apply to tenants of:

• Owner-occupied homes with no more than two rental units,
• Units set aside for developmentally disabled members of the owner’s immediate family,
  or
• Hotels, motels, or guest houses.

In 1994, in a case named Chase Manhattan Bank v. Josephson, the New Jersey Supreme Court held that the Anti-Eviction Act protects tenants even when the property where they live is in foreclosure or has been foreclosed.

A bank or other lender that forecloses on a residential property covered by the Act takes that property with the tenants still in it. If the lender resells the property to another owner, that owner also takes the property still occupied by its tenants.

Remember:

• Nonpayment of rent is grounds for eviction. Even if you are not sure who or where your landlord is, save your rent money every month. Don’t let your landlord’s foreclosure problem become your problem.
  
  
• Even though you are entitled to remain in your rental home during foreclosure and after resale of the property, the new owner can change the terms of your lease in certain limited circumstances.
  
  
• If you are having problems with the utilities because the landlord has not paid the utility bill, the law provides some protection from shut-offs.

If you feel that you are at risk of being evicted from your rental home because of a foreclosure, here are some numbers you can call for help:

• Department of the Public Advocate, Division of Citizen Relations
  1-609-826-5070
  
  
• LSNJ-LAW™, Legal Services of New Jersey’s statewide, toll-free legal hotline
  1-888-LSNJ-LAW (1-888-576-5529)
  Outside of New Jersey, please call 732-572-9100 and ask to be transferred to the hotline. Hotline hours are Monday through Friday, 8 a.m. to 5:30 p.m. If you are not eligible for assistance from Legal Services, the hotline will refer you to other possible resources.
  
  
• New Jersey Tenants Organization
  1-201-342-3775.

See the Tenants’ Rights in New Jersey chapter index for more information about tenants’ rights.