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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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G_Elkind, I wish I even had a single ticket for myself!!!!! I am thrilled that big blue is back in the superbowl, since the worst superbowl I've ever witnessed was Giants vs. Ravens not long ago. Whew, what a snoozer. Oh, and Raj??? GOOD GRIEF, stop looking on websites and talk to a specialist. G_Elkind just repeated the answer I gave you twice! It doesn't matter if the lease is six months or six days! If the leasehold interest is clearly a "tenancy for years" with no specific indication as to written notice to terminate or lease-end renewal terms, the you don't need to give notice. DEFINITE BEGINNING and DEFINITE END, key words you should keep in mind. And your landlord can receive mail there if she wants. She owns it doesn't she???? That's like saying there's a catch if she uses a PO Box! If you are on a month-to-month for some reason, you're screwed and you have to pay for Feb.
Posted on: 2008/1/22 17:16
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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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Just can't stay away
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Raj:
You've been given excellent advice previously in this thread, which you do not appear to understand. You really do need to speak to a lawyer at this point. One last final restatement of the law. Based on the portions of the lease you posted, you appear to have a lease for a defined "term" with no notice clause obligations whatsoever on the tenant. The length of your term could have been 10 years or 1 year or 6 months or 6 weeks or six days, and no notice would be required as the notice of termination is essentially already agreed upon and written into the agreement. I would leave on or before the termination date before you get yourself into any more trouble with this landlord. Interestingly enough, the landlord appears to have cut and pasted numerous clauses from a variety of places permitting her to cancel the lease... including a curious one in case of condemnation(?) No more advice, time to speak to a legal specialist. Good luck. G P.S. AvantiGroup... any more Super Bowl tickets?
Posted on: 2008/1/21 23:44
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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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Is there any catch , if the owner does'nt stay in the house.
But she gets her letters to this address .
Posted on: 2008/1/21 23:42
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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1)Can any one tell me if a notice of leaving , given in the middle of the month will be effective next month first as per housing law ?
2)The LSNJ.com talks about 1 year and months-on-month lease. why didn't it mention about 6 month lease ? Does that mean those conditions do not apply for a 6 months lease ?
Posted on: 2008/1/21 22:34
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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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Hey, I was actually trying to squeeze and extra ticket out of you!!!
 Yeah, if there is an illegal apartment rented out in the home, I tell my buyers & investors to stay away - besides, their lawyers would never allow them to move foward with the purchase anyway. Some dummies actually include the illegal rental income as motivating factoids when marketing properties as investments. "Bonus apartments" or "In-law apartments" is what they are typically called. Boy oh boy, where have the brains gone?
Posted on: 2008/1/21 21:57
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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:
Most licensed Realtors wouldn't touch an illegal apartment or sell houses with them. I have no pity for this lady if what he says is all factual. Avanti, are you offering me tickets? 
Posted on: 2008/1/21 21:49
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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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Although I am not a landlord, I am well versed in NJ Tenant law. I typically deal with the legalities of leasing day in & day out (I know realtors don't get much love around here, but hey - some of us are actually sincere guys & gals!). Raj, I wish you luck. From what I can see, its going to get messy. Pinkowitz, I'll see you at the superbowl!!!!!!
Posted on: 2008/1/21 21:12
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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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Newbie
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1) yes. removed the name and address. Less that that its a scanned document.
2)I have already placed an Ad in websites and few have come and saw the apartment and willing to talk to the LL to discuss further. They called the LL and she is not responding even after leaving a voice mail. 3) If get a clear answer to my problem . i will do the right thing.
Posted on: 2008/1/21 18:51
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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well , all i meant was , if the person who is answering is one ,do mention . I never asked for some who is , to answer.
Posted on: 2008/1/21 18:43
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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'm assuming by his nic (and a few other obvious items) that the original poster is not from the States. I agree with Brewster and others but, I can see why Raj. is frustrated and is turning here for help. Brewster and a few others posting on this thread, own rental properties and IMO seem to be role- model landlords, Raj's landlord does not fall into the same category and IMO is a piece of _ _ _ _, doing illegal things and thinks she is above the law. Raj, I am going to have your lease looked at (assuming this is the exact lease, less your names and address). I will give you the benefit of the doubt as someone who didn't know better and got caught up in a bad situation renting from her. I will let you know tomorrow. In return....you know what I want you to do, and if you give me what I need, will do it for you! Do the right thing and let good Karma come your way!
Posted on: 2008/1/21 18:41
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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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rajraj, now you are looking for free advice from a real estate attorney on JCList??? I don't know about you, but I don't think anybody around here prefers to work for free. All in all, I agree with Brewster. This is getting ridiculous.
Posted on: 2008/1/21 18:25
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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:
This whole thing is getting stupid. Your landlady is an idiot for wanting to play hardball in her illegal glass house instead of just sucking it up and trying to get a new tenant for Feb. The 1st 2 weeks of the month usually suck for getting tenants to take a lease anyway, everyone's "still looking". If she tries to keep your security or create an eviction record for nonpayment of Feb you can haul her into court where her property will get scrutinized. Mutual Assured Destruction. Since the legalities seem moot due to an illegal property, I'll answer #6 as a landlord: I'll never let a tenant try to find/choose my next tenant. I've been in this spot and even if I don't lose a months rent it's a PITA. I'm choosy about my tenants but the outgoing leasebreaking tenant just wants anyone and isn't very patient about the landlord rejecting people. I insist on showing apartments even though it's time consuming, since it is when you get a feel for who the person is. This results in very little landlord-tenant conflict in our properties.
Posted on: 2008/1/21 18:10
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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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Right question.
Check out the lease agreement in this link. http://www.snapdrive.net/files/501638/LeaseAggrmnt.doc and give me your opinion . If u are a housing attorney please mention. Questions to be answered 1) Should i have told her on Jan 1st instead of Jan 12th that iam going to vacate, when iam on a 6 months lease? 2) As per the lease agreement and the general law. Is it renters? responsibility to notify LL EXPLICLITY that he going to vacate at the end of the lease term? 3) If answer to question 2 is yes. Should i pay fee b month full rent and wait for the landlord to return the security deposit by the end of Feb 29th? 6)If i find a renter who can stay till Feb 16th, can i get my security deposit back ?
Posted on: 2008/1/21 17:23
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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:
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Illegal basement apartments, rajraj's battelplan......whew, this keeps getting better & better. And I agree, there is too much armchair lawyering going on......but based on what little we know, everybody is technically correct in their assumptions. Without reading the actual language in the lease, I guess we'll never know.
Posted on: 2008/1/21 15:21
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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:
+1 bazillion
Posted on: 2008/1/21 2:22
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Quote:
check the pm box
Posted on: 2008/1/20 22:53
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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 started the thread by stating that you were being blackmailed by your LL. Now looks like it is YOU that are contemplating blackmail. Much of the blame is yours. You should have communicated with your LL that you were not going to renew. Even if it was not required, it was the right thing to do.
Posted on: 2008/1/20 22:07
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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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Rajraj, you have a personal message, please check them and get back to me. Thanks.
Posted on: 2008/1/20 14:35
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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2 bedroom , 1 bath , bus , dollor van right outside the apartment
Posted on: 2008/1/20 14:06
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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How big is the apartment and is it near public transportation?
Posted on: 2008/1/20 6:57
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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I posted for rent ads in criaglist and couple of other sites and ppls are interested to see the apartment . I call up the LL to speak to her if she is interested to meet them but she is not returning my calls nor replying to my email .
I dont know what to do in this situation . Any ideas please ?
Posted on: 2008/1/20 3:10
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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Why would'nt u do so ? Because i fight back , if u sue me trying to drain my hard earned money ?
Posted on: 2008/1/20 0:40
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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
Joined:
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I hope rajraj isn't a pre-med student from India. I would hate to have him operate on me.
Posted on: 2008/1/19 23:27
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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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Quote:
That clause of automatic termination may be in contradiction of the state law and illegal. But what certainly seems illegal is the application of the state law concerning notice and autorenewal in the case of a building with violations of it's Certificate of Occupancy. It sounds like the last thing she would want is to be in court over this. She's also likely in a catch 22 regarding "owner occupancy". If she claims occupancy in a 3 family, the state tenant laws don't apply, but I'll bet anything her mortgage and insurance are based on owner occupancy.
Posted on: 2008/1/19 18:42
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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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My last lease renewal states clearly:
"You have a period of 30 days from receipt of this offer in which to accept. If this agreement is not returned within 30 days, we will asssume that you are vacating your apartment at the expiration of your Lease and your apartment will be up for rent." I think this is common language. This clearly states that my lease termination is AUTOMATIC at the end of the lease period if I take no action. Any assumption of continuation of the lease with no action by the tenant is preposterous...there is no such thing as a lease by default. If indeed no action is required to re-let for another term then a lease would continue INDEFINITELY even though it is never signed again.
Posted on: 2008/1/19 17:41
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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rent - $1100
security deposit - $1100
Posted on: 2008/1/19 16:05
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Re: landlord blackmailing to sue, for vacting as lease come to end -help!!
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There is no explicit statement in the lease which says , when the lease is comes to an end , its automatically sets in a month-to-month lease
Posted on: 2008/1/19 16:03
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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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There's just too much arm-chair lawyering going on here.
Based on the limited information provided in this thread, Avanti Group, Brewster, BrightMoment, Shoshin and others appear to be correct. Absent, the presence of some other written provision requiring notice, a written lease for a specific period of time, ends naturally at the end of the term -- and no legal notice is required to be provided to the landlord. All that being said, there are some peculiarities with your logic in this entire thread: 1. If the landlord is attempting to improperly stick you with another month's rent or holding your security deposit hostage, I would welcome being sued under these circumstances -- and especially because of #2 below. 2. If I were the landlord of what sounds like possibly illegal SRO housing, I wouldn't want to threaten hauling you into court, because then all the gory details might spill out. Check the legal resources cited by BrightMoment and RPinky, and check with a lawyer by all means. If it all checks out, do yourself a favor, move out on or before the last day of the term. Tell your landlord to "bring it on". Btw, how much rent are your paying and what amount of security did you deposit with the landlord? Good Luck! G
Posted on: 2008/1/19 14:28
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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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Quote:
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? Exactly, in this case the lease is auto extended to February by wording in the lease. Since the lease is extended month-month, rajraj is liable for February.
Posted on: 2008/1/19 13:49
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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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Sounds like a rotten tenant and a rotten landlord, both made for each other.
Posted on: 2008/1/19 13:43
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