46:8-48 - Offer of or entry into lease in violation of rights of tenants; termination of lease;  exception

46:8-48.  Offer of or entry into lease in violation of rights of tenants; termination of lease;  exception
    No landlord shall offer to any tenant or prospective tenant or enter into any written lease after the effective date of this act which includes a lease provision which violates clearly established legal rights of tenants or responsibilities of landlords as established by the law of this State at the time the lease is signed.  A tenant shall have the right to petition a court of  competent jurisdiction to terminate a lease containing any such provision. Nothing contained herein shall limit any rights or remedies a tenant may have under a lease.

    No landlord shall be liable to any penalty under section 5 of this act nor any lease termination by a tenant under section 6 of this act, for any lease provision in violation of section 6 of this act where the proposal to include such lease provision originated from the tenant and not such landlord.

     L.1975, c. 310, s. 6.