Typically, the lease will continue month to month at the rental rate specified in the lease. Be aware that such rental rate may be different than the rental rate for the term of the lease. It is fairly common for a lease to provide that the rent will be 150% of the rent specified for the term of...View More
No you should not have agreed to follow HOA rules without first receiving and reviewing them. When asked, I always caution clients to obtain and read extrinsic documents like HOA rules, T&Cs, addenda, etc. before signing any agreement incorporating those items because, once you sign it,...View More
It depends on the language of your lease and the extent of the roach problem. Many leases specifically provide that the tenant has inspected the premises before signing and accepts its condition as suitable. Other leases provide that the tenant shall inspect the premises upon moving in and shall...View More
In New Jersey, landlords are required to register certain rental properties with the municipality. If your landlord has not properly registered the property as a rental, it could potentially have implications for the legality of the lease agreement. In some cases, if a landlord has not complied...View More
I currently face a situation where the administrator of the estate, without providing a reason, has communicated their desire for my eviction through a text message. No official letter has been received to substantiate this request.
Having resided in the property for over six years, my... View More
Proper service of eviction notices is generally required for the legal process to proceed. If the tenant was not properly served, such as through personal service or certified mail, they may have grounds to challenge the eviction proceedings.
I have answered some basic questions such as where I work and move in date. They said they would like to rent to me but want a security deposit before mailing me everything including the paperwork and the keys. I dont want to be scammed, it just seems odd to ask for payment via zelle before these... View More
My question is, if we miss a couple of months of rent and pay off all of our debt (credit cards, etc) will this effect our home purchasing options? I don't want to not pay rent or not work with them, but this seems like the only way for us to be able to get our credit to a good enough standing.
Your idea makes as much sense as shooting yourself in the head! Sorry to be harsh, but that will lower your credit rating and make you a bad risk to a prospective lender. The real estate market is overdue for a crash and when it does crash it is widely believed that it will be at least 6 years...View More
Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets... View More
Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.
The issue should be addressed by terms included in the lease. Do you ave a security deposit? Did the landlord give you any advance notice of either renewal or nonrenewal of the lease? Pay the nine days. The landlord cannot lock you out if it is a residential lease. He must file a complaint with the...View More
My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was... View More
The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under...View More
No for several reasons. The right of quiet enjoyment means that no one can enter your apartment without your permission. The only exception is when there is an emergency situation such as pipes leaking water or gas. Secondly there is no self help for residences, any action to evict as tenant can...View More
My landlord filed for eviction. I'm currently waiting for a court date. My heat stopped working. I texted him to tell him. He said contact his attorney and never to contact him again. He then said from here on out to only contact his attorney with any questions about anything. I haven't... View More
I guess the first question is where you be evicted for? Is it nonpayment? If it is you can raise the habitability issue. To do that you need to have the money owed available to post with the clerk of court. You would raise that issue at trial. As far as lack of communication is concerned, do you...View More
I believe the law was enacted in 2009. It has flooded at least 3 times, the first 2 times I was not at home when it flooded. The last time in 2021 I lost my car and the rest of the residents of this 4 family lost a total of 5 cars (plus 1 earlier in the 2000s with the 2nd flood,) Since we did... View More
There are some exceptions to that rule. It does not apply to premises with 1 or 2 units (or 3 units if it's also owner-occupied), hotels, motels, or other guest houses serving transient or seasonal guests. (See below).
If yours is not an exception, you should reach out to a local...View More
My landlord filed for eviction on February 13th, 2023. I was advised by the lawyer to just wait for my hearing. My landlord since filing has begun harassing my son and I. He tried to have the uhaul we were renting towed from the yard, he called uhaul and reported it stolen prior to calling the tow... View More
Report the acts of the Landlord to your lawyer. If you are not represented, send a first class as well as a certified mail return receipt requested letters to the Landlord. Advise him that his actions are violating the quiet enjoyment provision in the lease. Include a statement that if he...View More
I live in a 2 family house. I'm paying for electricity in the common areas on the property. My landlord is aware of this. It is not stated in my lease I'm supposed to pay for common area electricity. I do not have access to basement, only the landlord and his mother do. His mother lives... View More
I guess the first question is how long have you lived there? If what you're saying is true, and you been living there for a while, it may be worthwhile to sue your landlord for damages or overbilling you on the electricity. As part of the lawsuit your entitled to have discovery (find out from...View More
I’ve already paid half this month I just can’t do the other half yet. All other months have been paid as well and he said yesterday if I don’t have the rest today he’s locking the door and I have to leave
There is no self help allowed by the Courts of New Jersey. The landlord must follow the statutory requirements for eviction. Thus the landlord must file an action in Cort to evict you. You should check with the municipality to see if it is a legal dwelling unit. There must be a smoke detector...View More
I live in an apartment building across the street from a government building. People constantly park in residents spots for the apartment building and run across the street to the government building. Property Management says us residents have to call the local police department and have the cars... View More
Two issue. The first being is whether or not the landlord has posted the appropriate signage about improper parking. The second is whether the two lease spots are included in the lease. If so, you, you are entitled to quiet enjoyment. This places a burden on the Landlord's shoulders to monitor...View More
I live in a 2 family house. I have reported my landlord to the board of health several times for not providing heat. He’s been fined several times which resulted in a court hearing that he failed to appear for. I’ve reported him to the police station several times for not providing heat during... View More
The installation of the lockbox has created an even greater obligation on the landlord to maintain the appropriate heat and cooling levels. He now becomes completely responsible. Pursuant to the provision of quiet enjoyment how was the landlord able to enter your apartment? Did you give him...View More
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