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Re: My landlady is #### me. Any advice?
#23
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I'm late on this thread, but seriously don't let these jerk off Landlords get away with it. Speak to an attorney, I can recommend a fantastic one if you need, who will work with you. I realize good landlords have bad tenants, but after being on the other side of it I can tell you I've always been a decent tenant and have got really effed by my current LL. I am moving out but I'm not letting him get away with it because it will encourage him to continue doing it. No one should have to PAY a LL to torture them!

Posted on: 2011/2/18 2:44
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Re: My landlady is #### me. Any advice?
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With the Security Deposit Act, they are suposed to notify you with the information about your deposit. I've recently done this myself. If you're about to move out, just send a certified letter advising the landlady that your rent is to be deducted from the rent deposit. Just make sure you have EVERYTHING IN WRITING. More than likely, she she'll take you to tenant landlord court for the monies. And when sending the letter, include the statute for the Deposit Act.

The money for the heat that you never withheld, is a loss. You have to withold it and let the judge advise you how much to take from the rent. Since you paid November rent, you will not get it back. It wouldn't of been much money back anyhow. It's definitely not worth the stress of the courts.

It seems as though youre settle in your "illegal" basement apartment. I wouldn't call anyone unless you had a backup plan and are ready for chaos in your home life.

Posted on: 2011/2/10 15:52
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Re: My landlady is #### me. Any advice?
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Teacher, you have no idea what you are talking about. Landlords are required to provide essential utilities (heat, water, sewer) at all times and to repair problems within a reasonable amount of time. Unlike the dropped call you mention, the lack of any of these is a serious health concern and landlords can be fined or even jailed for failure to provide them.

Risk of theft, cost, or hassle aside, if you sign up to be a landlord you sign up to provide these things to your tenants. if it's too much hassle or expense for someone, they shouldn't be a landlord.

The OP is probably best off just finding somewhere else to live and skipping his/her last month's rent to make up for the potential non-return of security deposit. And yes once you move out you should report the illegal apartment so another renter doesn't have to deal with lack of heat.

OP, keep in mind that even in an illegal apartment the landlord must follow the legal process to evict, and this of course would reveal that the apartment is illegal. So you may have that leverage.

Posted on: 2011/2/10 3:52
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Re: My landlady is #### me. Any advice?
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Knappi - do you know if the booklet is available online?

thx...

Quote:

knappi wrote:
Your landlord has to provide you with notice in writing of where your deposit is being held within 30 days of moving in. If they don't do this, they lose the right to the security deposit and you can write them a letter - certified mail - asking them to use it towards the rent. They are required by law to do this - no questions asked and they cannot ask for another deposit for as long as you live in the apartment.

If you don't want to go this road and get your deposit back, when you leave - they should inspect as you are moving out. If they don't, take photos and send along with a letter - again via certified mail - that you left the place in broom clean condition. Have a friend witness and sign a letter stating the same.

if she uses any of the money to "fix" the place - she has to provide an itemized list plus receipts of what she did and why and if she can't prove you did the damage - she has to pay it back - DOUBLE.

I have a booklet with this info I ordered from the NJ housing authority and sent copies of the pages with the sections highlighted when I've left places that gave me a hard time about my deposit. I always get it back in full.

Posted on: 2011/2/10 3:01
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Re: My landlady is #### me. Any advice?
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Your landlord has to provide you with notice in writing of where your deposit is being held within 30 days of moving in. If they don't do this, they lose the right to the security deposit and you can write them a letter - certified mail - asking them to use it towards the rent. They are required by law to do this - no questions asked and they cannot ask for another deposit for as long as you live in the apartment.

If you don't want to go this road and get your deposit back, when you leave - they should inspect as you are moving out. If they don't, take photos and send along with a letter - again via certified mail - that you left the place in broom clean condition. Have a friend witness and sign a letter stating the same.

if she uses any of the money to "fix" the place - she has to provide an itemized list plus receipts of what she did and why and if she can't prove you did the damage - she has to pay it back - DOUBLE.

I have a booklet with this info I ordered from the NJ housing authority and sent copies of the pages with the sections highlighted when I've left places that gave me a hard time about my deposit. I always get it back in full.

Posted on: 2011/2/9 23:06
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Re: My landlady is #### me. Any advice?
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I think my math may be off, but you've lived there for 5 years (60 months) and you've paid her $70,000 in total. You pay over $1100 for a basement apartment with a windowless bedroom?

Posted on: 2011/2/9 23:02
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Re: My landlady is #### me. Any advice?
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Quote:

CatDog wrote:
is it even legal to have a bedroom with no windows? That's a major fire code violation isn't it?

I think you should report her and move out of there.



You can't call it a bedroom if it has no windows and/or a door - it's a studio apartment.

Are there no windows and only one entrance to the unit? If not, that would be a fire code violation.

Posted on: 2011/2/9 21:24
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Re: My landlady is #### me. Any advice?
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Funny how some people are here. Report her?
A grown-up accepts a place to live at an agreed upon rate for five years. I doubt she took the windows out during this time and broke and kept heater off intentionally. Its really not simple to fix these things esp with the thieves in this city and county.
Any Landlord can convince a judge they were Trying to fix the furnace, if they fail...then they Jack the rent at year end.
Mine was down for an hour, last week should I sue?
$70k/5 yrs - big deal, that is a basic cost of living, mom would charge the same.

Posted on: 2011/2/9 21:23
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Re: My landlady is #### me. Any advice?
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is it even legal to have a bedroom with no windows? That's a major fire code violation isn't it?

I think you should report her and move out of there.

Posted on: 2011/2/9 20:33
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Re: My landlady is #### me. Any advice?
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I don't think it is out of the question to get a rebate for heat, I got a rebate after a management company in NYC didn't fix the heat for months. Heat isn't something the landlord can just skip out on for a tenant cause it doesn't fit the landlord's budget.

Posted on: 2011/2/9 19:20
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Re: My landlady is #### me. Any advice?
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Sounds like you add to issues.
Just move to another place.
A rebate for heat...really?

She is most likely pissed (or broke) about paying an exorbitant amount to get the heat working again, and she too was cold.

Do you ask Verizon for money on every dropped call?

Posted on: 2011/2/9 18:47
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Re: My landlady is #### me. Any advice?
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I'd call zoning dept & report an illegal apartment but dont give your name. Say your a concerned neighbor about an illegal apartment.
When they go to the house & they tell you to leave, you will get every doller you paid your slumlord to live there plus the expence to move.
I know this from a previouse friend who had this happen to them for renting from an illegal apt.

Posted on: 2011/2/9 16:40
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Re: My landlady is #### me. Any advice?
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Call the Landlord/Tenant Court on Newark Avenue. They know all the ins and outs and can help you.

Posted on: 2011/2/9 16:20
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Re: My landlady is #### me. Any advice?
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The person to speak with about illegal apartments is Matt Barrett at the Jersey City Fire Prevention Unit. He can be reached at 201-547-4255. He will be in today (Wednesday) after 2:00 pm.

From the description you provided, it does appear your apartment is not a legal dwelling.

I'd make the call...good luck. The law is on your side.

Posted on: 2011/2/9 15:29
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Re: My landlady is #### me. Any advice?
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You may want to check to see if you are indeed living in an illegal apartment - which it sounds like you are if you have no windows. Go on the JCity website and search for the number for the renter's bureau at City Hall or just call the Mayor's Action Bureau.

If you are living in an illegal apartment, you have extensive legal recourse up to and including recovering the rent you have paid over the time you have lived there (feel free JCListers to chime in here - I'm pretty sure this is the case). Your landlord will also be fined heavily.

You shouldn't be living there because it is not safe (most important reason) without alternate means of escape in the case of a fire AND because you are living with a landlord who makes your life uncomfortable.

I've said it before and I'll say it again - landlords have a responsibility to provide safe and legal premises for their tenants. They cannot threaten to use your deposit for anything other than repairs to the unit that were caused by a renter's negligence. They cannot use it to repair normal wear and tear to the unit which is expected with normal, reasonable tenancy.

Tenants have rights - the right to safe dwellings that are LEGAL. Don't "feel bad" reporting deadbeat landlords. They are degrading the neighborhoods where they set up shop. You have rights - and the court system will back you up.

Good luck.

Posted on: 2011/2/9 15:20
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Re: My landlady is #### me. Any advice?
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By law your landlord must give you the information on your interest bearing account, if she doesnt you have every right to withold rent in the amount of your security deposit, I did it with my last apartment because she never deposited my money into an account. And yes I would move the hell out of there

Posted on: 2011/2/9 4:37
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Re: My landlady is #### me. Any advice?
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I didn't even need to take the landlord to small claims - they wanted to eat up my deposit with redecorating the apartment and give me the balance. I told them, no, you are giving me the balance after 30 days, you need to give me the full amount or I will take you for double in court. They apologized and sent me a check for the full amount. Sometimes it's just about doing the right thing.

Posted on: 2011/2/9 4:24
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Re: My landlady is #### me. Any advice?
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Quote:

dtjcview wrote:
Quote:

cwyeth wrote:
Hello All!
My landlady has been giving me a hard time for 5 years.
I would appreciate any input...I had no heat for a week in Nov.. called Housing bureau. She wouldn't discount my rent.

I have asked where my money for security has been for 5 years! (interested bearing account?)

I live in the basement in a bedroom with no windows, I figure I have given her over 70K in rent.

She is threatening me with using my security for her legal fees?

I have personally improved the property value. I have turned a junk yard into an amazing herb, vegetable, and flower garden's.

Any Advice?????
Carrie


Best advice I can give - move out. Give your notice but don't ask for your deposit. Just take a lot of photos to prove you left the apartment in the state you moved in. Wait 30+ days, then hit the landlord for double your original deposit - most are lazy idiots that don't return your deposit within the time mandated by NJ law - 30 days. If they don't return it or the balance within 30 days - they owe you double.....


http://www.rentlaw.com/dep/njreturndeposit.htm

------------------------------------------------------------------
From the website....................

New Jersey Court and your New Jersey Security deposit
If after 30 days the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court in the county your unit was in.

The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant's security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. If you go to Small Claims Court, also write on the complaint the words ?together with interest and costs of the suit.

You might just get the interest and the money that it cost you to file the complaint.

If you hired an attorney, the court should also award you reasonable attorney's fees


YES! but first WRITE LETTERS they are a help in court case if you have to go ( I had to get my Double - court fees deposit took me 6 mo). Also call Housing Inspector might be a good idea.

Posted on: 2011/2/9 4:05
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Re: My landlady is #### me. Any advice?
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Quote:

cwyeth wrote:
Hello All!
My landlady has been giving me a hard time for 5 years.
I would appreciate any input...I had no heat for a week in Nov.. called Housing bureau. She wouldn't discount my rent.

I have asked where my money for security has been for 5 years! (interested bearing account?)

I live in the basement in a bedroom with no windows, I figure I have given her over 70K in rent.

She is threatening me with using my security for her legal fees?

I have personally improved the property value. I have turned a junk yard into an amazing herb, vegetable, and flower garden's.

Any Advice?????
Carrie


Best advice I can give - move out. Give your notice but don't ask for your deposit. Just take a lot of photos to prove you left the apartment in the state you moved in. Wait 30+ days, then hit the landlord for double your original deposit - most are lazy idiots that don't return your deposit within the time mandated by NJ law - 30 days. If they don't return it or the balance within 30 days - they owe you double.....


http://www.rentlaw.com/dep/njreturndeposit.htm

------------------------------------------------------------------
From the website....................

New Jersey Court and your New Jersey Security deposit
If after 30 days the landlord has not returned your security deposit, you can file a complaint against the landlord in Small Claims Court in the county your unit was in.

The Rent Security Deposit Act states that if the court finds that a landlord wrongfully refused to return all or part of a tenant's security deposit, the court must order the landlord to pay the tenant double the amount of the security deposit if it is not returned at all, or double the amount that the landlord wrongfully deducted from the deposit.

When you file your Small Claims Court complaint, make sure you ask for double the amount of the deposit. If you go to Small Claims Court, also write on the complaint the words ?together with interest and costs of the suit.

You might just get the interest and the money that it cost you to file the complaint.

If you hired an attorney, the court should also award you reasonable attorney's fees

Posted on: 2011/2/9 3:22
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Re: My landlady is #### me. Any advice?
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Im a landlady as well and cant believe this will actually come out of my mouth but....

If she is completely driving you mad you can always annonomously report an illegal apartment and she will get fined like crazy. You would also have to move out so you may want to consider that if you make that decision.

Why is she threatening you? As a landlord she can only legally use your security deposit for certain things. If i were you I would check the law in NJ regarding security deposits and be informed.

Posted on: 2011/2/9 2:54
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Re: My landlady is #### me. Any advice?
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If you think you are not getting your deposit back then with-hold your rent for the last 2 months you ever live there.

Posted on: 2011/2/9 2:46
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Re: My landlady is #### me. Any advice?
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Here is some advice move out.

Posted on: 2011/2/9 2:35
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My landlady is #### me. Any advice?
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Hello All!
My landlady has been giving me a hard time for 5 years.
I would appreciate any input...I had no heat for a week in Nov.. called Housing bureau. She wouldn't discount my rent.

I have asked where my money for security has been for 5 years! (interested bearing account?)

I live in the basement in a bedroom with no windows, I figure I have given her over 70K in rent.

She is threatening me with using my security for her legal fees?

I have personally improved the property value. I have turned a junk yard into an amazing herb, vegetable, and flower garden's.

Any Advice?????
Carrie

Posted on: 2011/2/9 2:28
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