New Jersey Laws for When a Landlord Wants to Show Property

Contract

The rental contract typically states when, and under what circumstances, a landlord may enter the rental property. In general, once the landlord gives the keys to the rental unit to the tenant, the tenant becomes in exclusive possession of the property with few exceptions. This means the landlord, even though he is the property owner, may enter the unit only when certain conditions are met.

Once a tenant has given his notice to vacate, a landlord must show the rental unit to prospective tenants to ensure occupancy flow. For this reason, New Jersey allows a landlord to show a rental unit to potential tenants upon reasonable notice to the current tenant. A landlord in New Jersey must give at least 24 hours prior notice to the residing tenant, specifying the date and time on which the showing will occur. The property may be shown only during normal business hours (weekdays from 8 a.m. until 6 p.m.) unless the tenant agrees to waive this requirement.

Notice to a tenant regarding an upcoming showing should be given in writing. Oral notices are discouraged because in the event of a dispute regarding whether proper notice was given, proper notice may be hard to prove based on differing oral accounts. Also, courts tend to err on the side of a tenant. A landlord should send the letter by "certified mail, return receipt requested" and keep a copy of the letter and postal confirmation in the tenant's rental file.

Once proper notice of the property showing has been given to a tenant, the landlord must stick to the date and time listed, or reschedule the viewing and issue a new notice. If the landlord enters the rental property at an undesignated date or time, this is considered trespass or harassment and the tenant is entitled to take legal action.

Nothing in the New Jersey law requires that a current tenant leave the premises while a rental unit is being shown by the landlord to prospective renters. Some tenants prefer to leave and to avoid the temporary intrusion while other tenants prefer to keep an eye on their home and belongings.