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Re: Rent Increase
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Newbie
 
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Thanks for responses. I'm following up on a few of the things mentioned and hopefully will be able to report in more detail.
Posted on: 2012/8/23 22:39
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Re: Rent Increase
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Home away from home
Joined:
2010/7/7 17:29 Last Login : 2023/11/10 14:36 From Downtown Jersey City
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I believe that jcpissed is correct. The only problem is that no one has assigned a percentage or dollar amount to the term "unsconcionable." But the city's landlord/tenant office can definitely advise you.
Posted on: 2012/8/23 22:14
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Re: Rent Increase
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Not too shy to talk
 
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Call JC's tenant relations office. They have lots of good information, and are on your side. A landlord cannot kick you out for not paying an increase--they can ONLY evict you through a court order. They can only increase rent once per year, and it doesn't matter if they haven't raised it in ten years, they cannot raise it an "unconscionable" amount. A judge will take into account lost or gained utilities, upgrades, etc, etc.
Posted on: 2012/8/23 18:41
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Re: Legal advice regarding large rent increase
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Home away from home
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Do yourself a favor and get some legal advice before you assume that you have any rights at all. You may not. Most of the rights tenants are presumed to have don't apply to those in two family homes.
I'm sorry that I don't have an attorney to recommend, but you might ask for a recommendation from a realtor you're friendly with.
Posted on: 2012/8/23 15:21
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Re: Legal advice regarding large rent increase
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Home away from home
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Then you can go for treble damages for a triple play $$$
Posted on: 2012/8/23 14:01
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Get on your bikes and ride !
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Re: Legal advice regarding large rent increase
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Home away from home
Joined:
2005/12/18 2:57 Last Login : 2017/9/14 20:15 From Crystal Point
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You can always give them a counter offer or refuse to pay the increase and go to court hoping the judge decrees it is unconscionable.
Posted on: 2012/8/23 1:04
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Re: Rent Increase
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Home away from home
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http://www.lsnjlaw.org/english/placei ... ts/chapterseven/index.cfm
If none of those provisions apply to you, you might have to move.
Posted on: 2012/8/22 23:57
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Legal advice regarding large rent increase
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Newbie
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I am a renter in downtown JC. My lease flipped to month-to-month several years ago. My building was recently sold. The new owner is seeking to raise the rent 50% ($2K to $3K) effective 1 Oct., which is 1 month shorter notice than the lease permits. Some increase might be fair, but that's too much. It may be that they want me to leave so they can renovate.
At a minimum, I would like to have a little more time to find a new place, so for my existing terms to remain in place another month. I am looking for a lawyer I could speak to about this before I talk to the owners. Anyone know a good lawyer I could speak to or have any other advice? Thanks.
Posted on: 2012/8/22 22:59
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Re: Rent Increase
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Home away from home
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If you are so unhappy with the living conditions and the rent increase, why not just move. Would you be happy if the increase was just 10%, instead of 12%. If that's the case, tell the landlord that. That way, the landlord can give you a 10% increase this year and another 10% bump next year.
Posted on: 2011/9/29 19:26
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Re: Rent Increase
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Home away from home
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It should invigorate your desire to move. That you would trade living with a danger like that for the right price, is IMO, bad judgement. Free yourself. Let it go. Move, and move on.
Posted on: 2011/9/29 17:53
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Re: Rent Increase
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Home away from home
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Not for nothing, but the people who deal with heat are Housing Code Enforcement, and in my experience their response time on heat issues is lightening fast. Same day or within 24 hours. I've had to call them several times over the years and they have been very fast. Landlord tenant maybe should have told you who to call, but they can't do a dang thing about heat type stuff.
Posted on: 2011/9/29 15:55
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Re: Rent Increase
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Just can't stay away
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Actually this one wasn't for me. As for what the camels back breaking straw was - after the storm there was an old oil talk floating around in the water in the basement, leaking oil everywhere and banging up against the electric breakers. It was a total fire hazard - which reinvigorated the need to look into the fire escape thing further.
Posted on: 2011/9/29 15:50
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Re: Rent Increase
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Home away from home
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Let's see if I have this right-
You've lived there since summer of '09. In November of '10 you were investigating code requirements for fire escapes. A month later, you sent your landlord a certified letter saying that you intended to vacate. Eight months later (you're still there), you discover from an insurance adjuster that the landlord's first floor apartment (not yours) is illegal. And you told here that you were going to report her to code enforcement if she 'did not comply'. (With what exactly? I'm not sure) Two days later you received notice of the rent increase. It sounds to me as if you are trying to use knowledge of the illegal apartment as leverage to gain something from your landlord. Sort of like blackmail. But then you say. "Why should I have to leave or be subject to a crazy rent increase when its clear retaliation? I think standing up for myself is the right thing to do - it might not be the easiest thing, but its right. Maybe you can understand why your landlord might see it differently.
Posted on: 2011/9/29 15:23
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Re: Rent Increase
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Just can't stay away
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The city's landlord tenant office is a joke.
The director there has no concept of the laws and procedures. If we didn't have heat - I'm sure they could help. But for anything other than the most basic interaction - they have no idea what they are talking about, and have contradicted the law, and themselves numerous times. The advice on this issues was: "I?ve seen the lease and the rent increase notice. You may fight the rent increase by refusing to pay it on Nov. 1, after when the landlord may take you to court for refusing to pay the increase, and a judge will decide. Be sure to address all your issues and defenses at the trial." In my opinion, a city department to handle landlord tenant relations would provide information and advice more in line with ljnjlaw.com. I know they aren't attorneys, but I expected more.
Posted on: 2011/9/29 15:10
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Re: Rent Increase
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Home away from home
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Don't worry about going to court, you just have to call the City's Tenant Landlord office
Posted on: 2011/9/29 14:51
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Re: Rent Increase
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Home away from home
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Pay the rent at the rate you have been paying. Make sure you pay using some system with a paper trail, like a cashiers check or personal check. The landlord can then either cash the check at the old rate or can begin eviction proceedings. Once he goes to court, his proposed rent increase would fall under the court's scrutiny. NJ law favors the tenant. Also, you'll also have the opportunity to explain that this rent increase immediately followed your investigation into his illegal apartment.
Posted on: 2011/9/29 14:04
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Re: Rent Increase
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Home away from home
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If an apartment is under rent control, if a landlord doesn't increase rent one year, they don't get to suddenly add that to the next increase. In other words, if your rent is $1000 and the permitted increase is 2%, the could raise it to $1,020. If they don't do so, and if the next year the rent increase permitted is still 2%, they can raise it to $1,020, NOT $1,040.40. That's the Jersey City law.
Posted on: 2011/9/29 13:02
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Re: Rent Increase
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Just can't stay away
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apartment is not under rent control, and yes I'm willing to fight it.
This rent increase comes 2 days after we notified the landlord that we spoke to the city about an illegal unit in the building that we just recently found out about.
Posted on: 2011/9/29 5:41
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Re: Rent Increase
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Home away from home
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A few things:
Is the apartment under rent control? http://library.municode.com/index.asp ... 30&statename=New%20Jersey If not, are you willing to fight it? At this point you could probably make a counter offer to the landlord that is more reasonable and wait for his/her response. Alternatively, you could just refuse to pay the increase rent, pay your rent at the previous rate and force the landlord to take eviction proceedings, which could take up to 60 days. If your landlord cashes the check provided to him at the old rate, he/she is accepting a 30 day lease extension by default. Rents went up this summer as they often do in the summer months, but they are probably about to begin trending down again.
Posted on: 2011/9/29 4:33
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Re: Rent Increase
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Home away from home
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Why shouldn't it? Some landlords are softies, and hate to raise rents on tenants, preferring to raise it on turnover of the unit. But if the tenant stays and stays, they eventually have got to do it. What if you pay $1000 and haven't had a rent raise in 5 years? 10% is still below the CPI adjustment of $1,124 and you're ahead of the game not having paid any increases for 5 years. In that case, lets have no tears.
Posted on: 2011/9/29 4:16
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Re: Rent Increase
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Home away from home
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Ouch. That does not seem reasonable to me. Is the rental market that hot that the landlord thinks s/he can get away with that (i.e., that someone new would jump at that price if it went back on the market)?
Also, have you not had a rent increase in a long time? If not, does that get factored into whether this is reasonable (I honestly don't know)?
Posted on: 2011/9/29 2:16
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Re: Rent Increase
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Just can't stay away
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$1650 including utilities - going up to $1850 excluding utilities
Posted on: 2011/9/29 1:09
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Re: Rent Increase
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Home away from home
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Should we assume you mean to ask for percent as opposed to dollar amount? An absolute dollar amount is meaningless unless we know how much you pay for rent. Is $100 unreasonable? That depends. Are you currently paying $500 a month or $5000?
Posted on: 2011/9/29 0:54
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Re: Rent Increase
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Home away from home
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Usually in the range of 10%. But its not by law, but rather determined through litigation.
Posted on: 2011/9/28 23:57
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Rent Increase
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Just can't stay away
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What would you consider an unconscionable rent increase?
Dollar amount, not legal jargon - already have the NJ tenant laws at my disposal.
Posted on: 2011/9/28 23:46
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