I paid the deposit with a cashiers check and now they are telling me I have to pay the first months rent with a money order. Are they allowed to do this? Can't I pay with a cashier's check again?
Unless, the lease specifies the method of payment, any form of good funds are acceptable forms of payment. You can also pay by wire transfer directly into the landlord's account. Cash is also legal tender for all debts public and private.
Address the issue raised. There are a very limited statutory reasons permitting a Landlord to serve a notice to quit. Some of the permitted reasons require a Notice to Cease with sets forth the issue and the time period during the deficiency must be cured. There is no self help permitted in NJ. All... Read more »
What can I do about this. I know there’s a moratorium in force Until January 2021 that no one can be evicted. Banged on door to close Windows early in the morning
As a tenant you have the right to expect quiet enjoyment. This means that no one, including the landlord, can harass you. Send the L.L. a letter, demand he cease his harassment. Deliver it personally with a friend or certified first class maik; if it were to continue, go to you local police... Read more »
3 weeks notice aprtment has mice and we have a 2 yr old daughter can I fight this
Is it a written lease or oral. If written, check to see if there is any language concerning requirement to give 30 notice to terminate. Generally if you overstay beyond the termination date, the lease is automatically renewed on the same terms. So be sure you completely vacated on or before the... Read more »
My washer is in a shallow closet in the open area of my loft apartment. When it leaks, water goes under the door and out into the living area. I have slipped on water twice, and a guest of my almost broke her ankle when she slipped. I placed a towel at the door, but that does nothing to stop the... Read more »
Firstly, you may rest assured that whatever appropriate action you may decide to take, the landlord cannot resort to self help.
My suggest is to do the following.
1) Start and maintain a log of the dates and times of the flooding occurrences. Keep a record of expenses you've... Read more »
My rent is 1400 a month I’ve currently only paid 970 for this month. Because I didn’t pay it in full my landlord is threatening to put a boot on my vehicle. Is he allowed to do so. Nothing was put in the lease that he could do that and he wants to charge an additional hundred dollars to get it... Read more »
First and foremost, in NJ, self help is not permitted. Secondly, without a Court order, no one can take nor deprive you of your property. If the Landlord will not voluntarily remove the illegal boot immediately, file a criminal complaint against the Landlord by going to your municipal police... Read more »
They added an end date, when it says for a minimum of 3 months for length of lease. Now she refuses rent, and it was from the state auto deposited with her approval. She contacted them, not me and stated she refuses any more rent. Help, she claims I'm cauding irreparable harm, an OTSC was... Read more »
No written document can be changed by one party after both have signed. Further, self-help is illegal in New Jersey. In addition, when you rented your apartment did the Landlord obtain a Certificate of Habitability from the town? Did you pay a security deposit? If so, were you provided with the... Read more »
What are my rights with a binding contract? There is no lease. Renter wants to purchase but has bad credit and no money. She is claiming she is not healthy to look for another place yet is out and about.
An very interesting situation! Is there a written lease between the the seller and the reluctant tenant? The lease may contain language concerning the Landlord's right to inspect the premises. If not, the Landlord/Seller must take affirmative steps to make it possible for you to inspect,... Read more »
I was not giving a court date just told that if I am not out by the end of the month there gonna lock my door I don’t know what to do
Self help is not not legal in NJ. A landlord may try to trick you into leaving voluntarily. But a legal warrant for eviction may only be issued by the court. The landlord would need to file a complaint which must state one of the recognized grounds for eviction for the court to have jurisdiction to... Read more »
Your question is an interesting one raising a number of issues which are beyond the scope of this forum. I would suggest you speak to a bankruptcy attorney or a local Legal Aid Office in your community.
I even called the police and have many witnesses who stayed over and several emails to management for a year period about the neighbors stomping and jumping upstairs all hours of the night. They have me in collections for two months rent. Because of their breach of the lease re quiet enjoyment are... Read more »
I am not sure what you mean by the term "in collections". The landlord is not permitted any self help actions. He must file a complaint with the court. If the Landlord is violating the covenant of quiet enjoyment, you still have to meet your obligation to pay the rent. However, you can... Read more »
I’m not sure if I gave adequate notice of rent renewal and increase. Postmarked 8/31 certified but won’t be received until 9/4, lease ends 10/1.
The burden of serving proper, timely notice is on your shoulders. Failure to give notice as required by statute will result in an automatic renewal of the current lease terms.
Your question raises the quintessential test for often determining a correct answer. Does it pass the stink test? On the surface, it would seem to indicate an un- or under- reporting rental income income on federal and state income tax returns. What would be a sustainable explanation for denying... Read more »
I rent 2 bedrooms in a 3 bdrm home with landlord in 3rd room. I have not left the house since March when the pandemic started and he was out and about daily. He will not call exterminator or address problem. Gave me a can of raid one time then 2 days later said problem was fixed. All bugs are in... Read more »
The following response is in accordance with NJ statutes and case law. Did the Landlord obtain a certificate of habitability from the municipality at the time of the commencement of the lease term? If the landlord failed to do so, he could be subject to certain penalties. A call to the municipal... Read more »
Lease was split between 3 roommates. It was not a good situation for me to be in so I moved out on June 15. Having paid my part of June and July rent. Giving them 45 days to find a new roommate.
No. That is not a thing.
late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?
i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.
I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.
Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help... Read more »
Cops and have me arrested if I don’t get out. Can he do this?
Can he call, yes. Are you going to be evicted? Probably not. If you lived there for more than 30 days you pick up rights as a tenant, and your friend is the one that is going to say you have lived there over 30 days.
The landlord would then have to go through eviction court. And most... Read more »
How long do I legally have to notify them if they are month to month?
You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.
Talk to them first and explain what is going on. If they are able to pay... Read more »
You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... Read more »
I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.
1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order
2. Can tenants... Read more »
The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.
The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts... Read more »
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