Q: We have a month-to-month lease on a property rental, landlord did a quick 45-day sale on it.
Moreover, there no rentals available in town. Couple in that we have a Special Needs child and two other children in high school. We qualified for a mortgage, but it now means nothing, as North Jersey & New Yorkers are moving down and jacking the real estate prices up 30-40% more than it was 6 months ago. Do we have any legal recourse to stay longer until we find something else?
A: The buyer, if title already closed, takes subject to the tenancy. This means whatever your rights, they are protected vis-a-vis the buyer. The Courts of NJ frown upon Landlord self help eviction. If you stay, continue to pay your rent. If the Landlord refuses the rent, open an escrow account at a local bank. Call it Tenant Rent Receipt Account. The Landlord or buyer will most likely seek redress in Court. You will receive a copy of the complaint mailed to you by the Court. Follow the instructions, make sure you attend the hearings however scheduled. No matter what happens you can ask the Court to delay the eviction process for up to six months. Be sure to always make timely rent payments to the Landlord or the escrow account.
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