Can I sue for harassment if I have been locked out of my apartment twice without notice?
Question Details:
I have been locked out of my apartment twice by my landlord without prior notice. My landlord is threatening to lock me out again unless I give copies of my cancelled checks to them. I have already gone to court once and have proved that these payments have been made. Can I sue for harassment or for them breaking my rights to peaceful enjoyment of my apartment?
Real Estate Law Answers
Yes, you may sue for both breach of the right to quiet enjoyment and of the lease more generally. Landlords may not lock tenants out of their apartments in New Jersey; the only legal way for a landlord to regain possession (if the tenant is in material violation of a lease, or the lease has expired) is by using the official, legal eviction process. Furthermore, landlords may not attempt to evict just to get copies of documents--they may only do so, including by the eviction process, in a bona fide attempt to regain possession of the apartment, not to compel the tenant to do something else.
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