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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Newbie
 
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Thanks for the advice. This is what i plan to do
1) Will try to find a renter before i vacate - win -win 2) If option 1 fails then i will try to find some one who can stay temporary for a month and ask the landlord ,if he\she can stay 3)If option 2 fails , I will try the offensive as below offensive :- Its a 2 family house and a base ment . I live in the first floor , 2 floor - 3 adults , basement is divided into 2 portions . 2 adults in each portion . LandLord occupy s the 1 room which has separate entrance in the first floor.LL stays in 2 different town, so she comes here during weekends. 1) There was no heat for the whole month of November , all 3 tenants spoke to her and finally she fixed it .All 3 tenants signed a complaint , but didnt give it to housing because we dont want to create problem for her.But now i will use this as a reason to vacate. 2) If 1 fails , then the following. she has illegally rented the basement to 4 adults. (2 in each portion of the basment) . When i moved in , she said that the housing will come for a inspection and if they ask if any one is there in the basement lie to them that no one is staying there. I know what iam going to do u bad . If she is doing something illegal and wants us to keep quite . I would also expect a wrong favour from her. I will ask for my deposit back , if not will tell her that i will report to housing and be a witness. If she still dont agree i will vacate without the deposit , but will report to housing All your host feeback please
Posted on: 2008/1/19 11:54
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Newbie
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Girl Rules..
Well world is round some times hunter becomes the hunted as well ..
Posted on: 2008/1/19 11:35
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
 
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Who's blackmailing who?
Posted on: 2008/1/19 6:13
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Quote:
I'll tell you what, PM me, and I will reply with my phone number. I will take care of reporting her and if what you are saying is correct, I will make it my mission to make sure she and whomever she claims helped her will go before a Judge. There is no way that Ed Coleman and Mark Redfield of Housing Code will take this lightly. I post under my true identity, and I have no problem taking care of this, and for you doing the right thing, I will do for you in return: I will tell you a loophole that will get you the money back and I will even make sure that a real estate attorney who I use will assist you if needed, and I will pick up the tab if he charges....Deal or no deal?
Posted on: 2008/1/19 5:14
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Well she is a smart lady and has anticipated all the possiblities. When she told me about the housing inspection , I asked her how are u able to tell that they would come in a particular date . She told me that she has a friend who work in housing and she is the one who gave the information and also who reported . She said she made frendship with that person in housing to handle issues like these .She has one more house in a different town where the basement was rented to students.
and the one of the family who is in the basement is from her country and hence she says to everyone that she is her Aunty , so that she can tell housing that its her relative. The old lady in the basement told me she has been in the basement for last 3 years. Last winter she was found frozen by the employer (she works as a baby sitter )who came to check , when she didnt show up for work for couple of days. This year i admitted her to emergency when she came crying that she is afraid that she is going through a heart attack . The doc who examined her said that he will report to housing , if the landlord provide proper heating because she is getting freezed in the night and hence she heart is affected. The other family are from US . She has fights with owners of neighbouring houses and one of them had reported to housing last time. So if she is able to handle all these pressue and still rent out this 2 family house right on the Bulverd , then she know the tricks of trade well.
Posted on: 2008/1/19 5:01
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
Joined:
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Quote:
My honest feedback isn't going to be nice, after reading your last post, I'm way beyond annoyed and you've lost all pity from me. You are fully aware of "illegal apartments and if she does the right thing by you , you won't report her"? HUH??????? You post here seeking help, we try to help you and have the freakin' nerve to now tell us that you will blackmail her too because you are well aware that she is violating the law, putting lives in danger and if she does the "right thing" by you will go away quietly and keep it all hush, hush..... how kind of you! Do you even give a rats arz about the next person who comes along and she rent too? When You look for a person to rent the apartment are you going to tell them that the house is in total violation or will you grab the money and run? She is breaking the law and is also putting lives in danger by not having a properly coded and illegal apartments and you're worried about a half a months rent? I'm more worried what may happen if a fire breaks out in that house and people get hurt or possibly die. I seriously doubt that licensed professional plumbers, contractors and electricians created these illegal apartments. So, why don't you do the right thing and on Tuesday morning report this to the housing code enforcement office. FYI: 2 years ago on Terrace Ave a 36 yr old woman and her 3 month old baby girl died in a fire in an illegal basement apartment. Make the call Tuesday morning!
Posted on: 2008/1/19 4:39
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Newbie
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Thanks for the advice. This is what i plan to do
1) Will try to find a renter before i vacate - win -win 2) If option 1 fails then i will try to find some one who can stay temporary for a month and ask the landlord ,if he\she can stay 3)If option 2 fails , I will try the offensive as below offensive :- Its a 2 family house and a base ment . I live in the first floor , 2 floor - 3 adults , basement is divided into 2 portions . 2 adults in each portion . LandLord occupy s the 1 room which has separate entrance in the first floor.LL stays in 2 different town, so she comes here during weekends. 1) There was no heat for the whole month of November , all 3 tenants spoke to her and finally she fixed it .All 3 tenants signed a complaint , but didnt give it to housing because we dont want to create problem for her.But now i will use this as a reason to vacate. 2) If 1 fails , then the following. she has illegally rented the basement to 4 adults. (2 in each portion of the basment) . When i moved in , she said that the housing will come for a inspection and if they ask if any one is there in the basement lie to them that no one is staying there. I know what iam going to do u bad . If she is doing something illegal and wants us to keep quite . I would also expect a wrong favour from her. I will ask for my deposit back , if not will tell her that i will report to housing and be a witness. If she still dont agree i will vacate without the deposit , but will report to housing All your honest feeback please
Posted on: 2008/1/19 4:13
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Just can't stay away
 
Joined:
2006/3/22 3:51 Last Login : 2011/3/18 15:05 From John Wilkes Park
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Why do you have to give ANY notice when THE LEASE IS COMING TO AN END? Surely the onus is on the landlord to extend the lease, no?
Posted on: 2008/1/19 2:32
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Newbie
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No , she has given details as to where she has deposited the security deposit. Also the heating broke for more than 3 weeks . She gave electric heaters . But my PSEG bills reached $250 . There is no explicit statement that i have to give 30 days notice.
I agree 2 weeks notice is not fair. But if i have to say 1 month in advance for a 6 months lease, then i would have taken a month to month instead of 6 months
Posted on: 2008/1/19 1:42
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Quote:
You're correct Brewster. It doesn't "say that" on the site that pinkie linked, www.lsnjlaw.org, but they do have an icon link to the http://www.lsng.org/ site on their page at the top(see below). It's poor web site design on their part as they should make it clear with an actual written link to the info I posted available on the home site. 
Posted on: 2008/1/18 17:57
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Just can't stay away
Joined:
2007/8/1 16:17 Last Login : 2011/5/18 20:12 From Harsimus Cove
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Regardless of what any website says, he's off the hook unless the lease is specifically states that there must be 30-day notice given prior to terminating. Then again, I obviously haven't read the lease and can only answer this question based on what little info rajraj has posted here.
Posted on: 2008/1/18 17:52
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We are what we pretend to be. So we must be careful what we pretend to be - Vonnegut
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Quote:
It is legal to do so if the landlord failed to provide information on the location and interest of the security deposit.
Posted on: 2008/1/18 17:40
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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BM, it does NOT say that on www.lsnjlaw.org, the site Pink linked. Also, just to clarify to RajRaj, we think he owes all of Feb, not just 2 weeks. the month to month is for whole months, regardless of the 30 days notice clause. He is free to move out on the first, but will still owe the landlady the rent for the month. It is NOT legal to pay that using the security deposit, doing so will risk legal action on her part, and you don't want an eviction on your record if you're staying in NJ.
Posted on: 2008/1/18 16:49
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Quite a regular
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why do you think it is okay to give a landloard two weeks notice? thats pretty douche....
Posted on: 2008/1/18 15:02
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Just can't stay away
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I'm not offering any legal advice here, but it's sounds like your leasehold interest in the property is a "tenancy for years". Its a lease with a definate beginning and end (2/1/07-1/31/08 for example). The main characteristic of this lease is that is MUST HAVE A STATED EXPIRATION DATE. No notice need be given in this case. However, here are a few things to consider:
1) On a month-to-month lease (an example of "periodic tenancy"), either party has to give 30 days notice to terminate by default. Since this doesn't sound like a periodic tenancy, there would probably have to be a clause in the lease that states you are required to give notice within that time frame. 2) Each state has different tenancy laws, so be careful what websites you get your info from. 3) Leases lasting 180 days or more MUST be in writing. So simply review your written lease and look for any termination clauses or stipulations referring to renewal terms. If the lease states you must give a 30-day notice to terminate, your landlord can hold you responsible for another term (month of Feb.) 4) ianmac is right.....the landlord should have provided you with bank address, account #, and interest rate after having deposited your security into an interest bearing account. Both parties should be aware of their rights & obligations to each other before entering real estate contracts, or else the only ones who wind up with the disputed money could be the lawyers 
Posted on: 2008/1/18 14:59
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We are what we pretend to be. So we must be careful what we pretend to be - Vonnegut
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Did the landlord provide you with information as to where your security deposit is being held, such as the bank and account information?
Posted on: 2008/1/18 14:34
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Quite a regular
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2005/9/9 13:11 Last Login : 2013/1/22 15:38 From harsimus cove
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I wonder if you have my old landlady. I told her I was vacating on March 1 on Feb 1, and she informed me that was only 28 days noticed, because February is a short month and I need to give 30.
She also took half the security deposit because the apartment was "really dirty" which it absolutely wasn't, but at that point, I was so happy to be away from her that I didn't care. Sounds like you have to pay half of February, but better than the entire extra month, I guess...
Posted on: 2008/1/18 13:28
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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i don't know if i would consider your landlord "blackmailing" you for money that she most likely deserves.
are you new to NJ/US? this is a pretty common thing, 1 month in advance. if you didn't know the law, you should have looked into it, especially if it is absolutely necessary that you leave on this date, Jan. 15th. whether you can dig up some kind of law saying, according to the particular kind of lease you have, that the law is not valid here, or that it IS valid, it still was a pretty gutsy thing not checking this with your landlord before you decided to bail, especially considering your security deposit!
Posted on: 2008/1/18 12:11
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Quote:
Yes, pinkie and brewster, our friend here is on the hook for Feb. You are also correct in that owner-occupied buildings of 3 or less units are not subject to the NJ State anti-eviction guidelines. LSNJ is "Legal Services of New Jersey" and on their home page it states: http://www.lsnj.org/ Legal Services of New Jersey (LSNJ), an independent, non-profit organization, coordinates the statewide Legal Services system. LSNJ strives to ensure equal access to justice under law to all people of New Jersey, providing free legal assistance to low-income people in civil matters. Tenants' Rights in New Jersey Following is the Web version of Tenants' Rights in New Jersey, Legal Services of New Jersey?s guide to landlord-tenant law for New Jersey residents. The manual includes chapters on finding a place to live, security deposits, leases, rent increases, the responsibilities of landlords and tenants, legal and illegal evictions, condo and co-op conversions, and the right to safe and decent housing. For information about ordering the printed version, visit the LSNJ.org publications page, e-mail publications@lsnj.org, or contact Legal Services of New Jersey at 732-572-9100. The printed manual is free of charge to Legal Services clients and people with low incomes. If you call LSNJ-LAW?, Legal Services of New Jersey's statewide, toll-free legal hotline, at 1-888-576-5529, between 8 a.m. and 5:30 p.m., a hotline intake staff member will determine if you are Legal Services-eligible. If you are eligible, the hotline will mail you a copy. History Legal Services programs were started county by county in the mid-60's, tracking those areas where there were supportive bar leaders or local community organizations. In a number of cases, these new programs merged with and supplanted preexisting county bar association legal aid societies. Many Legal Services programs began as part of OEO-funded community action corporations, later splitting and becoming independent. Since the mid-1970's, all county Legal Services programs have been independent non-profit corporations, not part of or affiliated with any other community organization. Each has its own board of trustees, a majority of whom are lawyers appointed by the local county bar association. Statewide coordination of these separate county programs began later in the 1960's, coordinated first by the State Office of Legal Services within the state Department of Community Affairs, then by an informal project directors group in 1971-1972, by the New Jersey Legal Services Association in 1973, and thereafter by LSNJ, starting later that year (LSNJ had been organized a year earlier, in 1972). New Jersey has thus had a long - and strong - history of statewide coordination going back three decades, through LSNJ and its staff, task forces, statewide training, newsletters, legal and administrative support, fundraising and other work. Recent highlights have included statewide technology coordination, standardizing intake practices, instituting a statewide legal hotline, and program evaluations. Local program staff participate actively in and support these activities. Since 1973, Legal Services has spoken with a unified voice through LSNJ to the judiciary, Legislature, Governor and executive branch, and is perceived by each as a unified system?an enormous strength. The various growth and retrenchment periods have each in turn tended to further strengthen this systematic coordination. During the expansion period from 1976 to 1979, New Jersey put substantial resources into increasing LSNJ's staff. Then, during the 1981-1983 retrenchment phase, LSNJ was called upon to coordinate the planning response and the quest for new resources. This emphasis on securing state level restoration and expansion funding continued through the remainder of the 1980's and 1990's. Hudson County Northeast New Jersey Legal Services Hudson County Office (201) 792-6363 574 Summit Avenue Jersey City, NJ 07306-2797 Map Executive Director: John H. Fitzgerald
Posted on: 2008/1/18 7:58
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Yes, according to that site he's on the hook for all of Feb, but who the hell are LSNJ? I am annoyed by acronymic organizations that even in their "about us" page don't spell it out, this isn't the 1st time I've seen it. I'm not sure it's applicable to this case, but the state anti-eviction statute does not apply to owner occupied building of 3 or less units.
Posted on: 2008/1/18 5:27
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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I just checked this site, your answer is in this section, check the language and the terms of your lease and make sure it's in compliance with NJ laws, if it is you may just have to pay the extra 1/2 month, but I would still call the number Brewster gave you, and double check,
http://www.lsnjlaw.org/english/placei ... hapterfive/index.cfm#5end
Posted on: 2008/1/18 5:02
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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Hmm, is vacating at the end of the lease implied unless the lease is explicitly renewed? Or does the automatic renewal statute take precedence? I don't think this is a simple question. You might try calling the city's office of Tenant Landlord Relations, 201 547 5127. Even if you owe the rent for Feb, that doesn't mean you can't move out until then. You could be 3 months late and a landlord still can't stop you from leaving. If you were my tenant, I would show the place and try to get a new tenant for Feb to let you off the hook, but she's under no obligation to do so assuming she's right.
Posted on: 2008/1/18 3:57
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Newbie
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The lease doesnt say that i have to tell her 1 month in advance . But i have read in few websites, that even if the lease does'nt have it , and if a months notice is not given its implicit that , a month on month lease sets in .
The worst part of it is that i have to pay Feb rent and iam not sure what what would happen to my security deposit
Posted on: 2008/1/18 3:45
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Home away from home
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If you signed a lease that requires one month notice on termination, I'm not sure you have many options. Sucks that she is being hardcore but she is within her rights to do so.
Posted on: 2008/1/18 3:02
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landlord blackmailing to sue, for vacting as lease come to end -help!!
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I had a 6 months lease and its coming to an end on Jan 31st 2008 .
I have told my landlord on Jan 14th 2008 that iam vacating on Jan 31st . The landlord says that the term on the lease is to notify the tenant/landlord one month in advance She said the vacation notice will be considered on Jan 14th and i can vacate on Feb 15th .Also I have to pay the rent for February month. If i dont agree , i will be sued in court . Please help !!
Posted on: 2008/1/18 2:41
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