Q: I rent a house and lease is not up for a few months but I found out that the property is not right on the survey
The property next door is pending sale and my house and have my portable garage is on the property next door. Can I hold the landlord responsible for paying me back my rent and moving expenses
A: This response reflects NJ case law and statutes. There are several items missing from your question that are important for a sound answer. The first is whether or not there is a written lease. If not, what are the terms of your oral lease? A lease generally has a covenant of quiet enjoyment. Quiet enjoyment is a legal term of art which for the purposes of your question simply means that your possession will not disturbed. The landlord is entitled to the rent for the period of your tenancy when there were no questions about the location of the garage. I am assuming you were entitled to the exclusive use of the garage. Until, there is a a resolution of the property line dispute, you may continue to use the garage. Should your use of same be halted, you should be able to negotiate a rent adjustment. Was the portable garage placed in its present location by you in a location approved by the landlord? What difficulties are there in relocating the garage with the property lines. What is the description of the premises in the lease. Did the landlord approve the location? I believe that a more than cursory review of the facts are required. The bottom line would to seek the assistance of a local attorney knowledgeable with the zoning requirements of the municipality as well as general real estate law.
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