Browsing this Thread:
2 Anonymous Users
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
 
|
Quote:
Good luck with it, I know I couldn't live like that. It's bad enough one of our cats hates my guts.
Posted on: 2014/2/12 1:18
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Just can't stay away
 
|
I posted my reasons, SOS because someone asked :)
Quote:
Posted on: 2014/2/12 0:51
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Just can't stay away
|
Just to calrify: We both want to stay in the apartment. I'm not moving and she doesn't want to either. I don't mind living with her. She's the one with the problem.
I spoke to her last night...showed her the laws and the websites that go with them. Her reaction? " I guess we are stuck with each other!" haha ya bitch that's right. Quote:
Posted on: 2014/2/12 0:50
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Not too shy to talk
|
I did, in fact, read the first post. You seem to be confusing possible lease language with the Anti-Eviction Act. There are very few exceptions that judges will respect in these cases, regardless of what's specified on the lease. And as brewster correctly pointed out, one of the co-leaseholders leaving is not one of them.
Quote:
Posted on: 2014/2/11 19:12
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
If you are truly broke, you should qualify for assistance from Legal Aid:
574 Summit Avenue (201) 792-6363 NNJLS@lsnj.org If you don't qualify, they may be able to refer an attorney. Posters here are well-meaning, but as far as I can tell, none are attorneys. You really do need sound legal advice.
Posted on: 2014/2/11 18:45
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2012/9/18 3:58 Last Login : 2021/9/23 15:07 From Between Thought and Expression
Group:
Registered Users
Posts:
907
 |
Quote:
You're right, it doesn't matter so why did you post it? Your problem is the heavy furniture that you got from your grandmother. You're limiting your options due to that burden - heavy and difficult to move. Maybe someone else in your family can use it, and pay for the moving bills? Think about unloading it and moving on with your life. Good luck.
Posted on: 2014/2/11 18:38
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
You are misinformed. Once a person is in legal possession, even if a co-leaseholder leaves, they retain all rights under the NJ anti-eviction statute. I don't think a clause requiring both parties on the lease for renewal is legal. http://www.nj.gov/dca/divisions/codes ... ds_for_evicti_bulltin.pdf
Posted on: 2014/2/11 18:38
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2012/9/18 3:58 Last Login : 2021/9/23 15:07 From Between Thought and Expression
Group:
Registered Users
Posts:
907
|
Yojimbo did you read the first post?:
" I have lived in the apt for 4 years and am on my 3rd roommate. We are both on the lease... " If one of the roommates will not be on the "new" lease, the landlord has no obligation to renew the lease. The landlord has the right to perform due diligence on the new person (credit check, etc) added to the lease. The new roommate must be on the lease - at least on every lease agreement I've seen. Quote:
Posted on: 2014/2/11 18:30
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2012/1/11 18:21 Last Login : 2019/12/26 15:30 From GV Bayside Park
Group:
Registered Users
Posts:
5356
|
Quote:
I did this about 4 years ago... In general in NJ it can take about three weeks to get a court date, then assuming the landlord prevails at court, it can take about eight days before the landlord can take the next step and file for a warrant for removal, once that if filed the sheriff officer will go out and post the warrant it will give the tenants three days before the sheriff officer will return to evict them, at any time during this process the tenant can file an order to show cause to stop the process for a legit reason or may request a hardship stay, not common, but the courts could under special circumstance grant a hardship if they would it would be another six months. If no hardship is requested, The Judge is allowed to grant a 1 week extension for an orderly removal after the warrant is served. It takes about a week after the court date for the warrant to be processed. After the tenant is removed, you have to leave the place vacant for 10 days because if the tenant gets all the money from social services, she can get a judge to allow her back in. Good Luck!
Posted on: 2014/2/11 15:00
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Not too shy to talk
|
Jeez, is it too much to ask that you READ the other comments before posting this nonsense?
No, in this case, both you and user1111 are 100% wrong. As the OP stated, she lives in a 4 unit building and the landlord does not reside on premises. As such, at the end of the lease, the landlord's ONLY options are 1) Offer a new lease, 2) Continue allowing her to rent month-to-month under the terms of the first lease, or 3) Pursue eviction through the courts. That's it. Quote:
Posted on: 2014/2/11 14:53
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
I am in the opposite situation. My tenant hasn't paid rent and i have to wait for the 30 day eviction notice to process.
How long does it take after the notice is processed to get a ruling ? When all is said and done she might get a few free months of lodging it seems. Do tenants play the system like this in anyone's experience ?
Posted on: 2014/2/11 14:49
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
Yeah my suggestion was more about how to handle the situation diplomatically to try to minimize tension between the roommate and OP, and the landlord and OP. If the landlord sees both of them coming to an agreement it might assuage the concerns that led to the false "deal" he/she tried to strike with the roommate. A soured relationship with a landlord can affect living conditions (time it takes for routine repairs, response to complaints, etc.) so in my mind it's best to either try to keep everyone happy, or cut losses and move out.
Posted on: 2014/2/11 14:44
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
User1111 is 100% correct here. You are not getting evicted. Your lease is up and the landlord has a right to rent to who ever he/she wants so long has its not for some improper or discriminatory basis. While you posted your side of the story, toking at the hearts of the reader, there is always more than one side to a story. Your roommate own the landlord over. Start looking for another apartment. All the best to you. Quote:
Posted on: 2014/2/11 13:19
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
Let's be perfectly clear here, the landlord is not a major player in this situation, he has very little power. He's raised the rent, but not by a huge amount. Maybe a judge would say it's "reprehensible", but maybe not. It seems 10% is not outrageous these days, though my wife thinks so and won't let me on a tenant who's had no raise in 4 years (I'd love to see some database of rent appeal). The landlord's only choices are to offer the pair a new lease at the new rate, or let it go month to month at the same rate. Period. The little conspiracy with the roomie was just a bluff.
Posted on: 2014/2/11 2:53
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2012/1/11 18:21 Last Login : 2019/12/26 15:30 From GV Bayside Park
Group:
Registered Users
Posts:
5356
|
I don't trust the b.... Sue me!
Posted on: 2014/2/11 2:10
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2006/5/10 16:36 Last Login : 2023/7/18 1:45 From Hamilton Park
Group:
Registered Users
Posts:
981
|
If you don't get along with the woman, I'd be wary of signing a lease with her. When you sign a lease you will typically be jointly liable for the entire rent, if she moves out without paying you are liable for the full rent.
Robin.
Posted on: 2014/2/11 0:27
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
I would sit down with your roommate, explain that you want to stay in the apartment and legally you are both entitled to do so, so you'd like her to agree to approach the landlord with you and ask for a new lease with both of you on it. If your choices are stay there and deal with her, or move out, it seems like staying and continuing to avoid each other is the best option.
Posted on: 2014/2/11 0:00
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Then you're going to have to tough it out. Given what she's done it sounds like you probably won't be able to "outbitch" your roomie and make her want to leave first. Her making your life unbearable however seems pretty plausible.
Posted on: 2014/2/10 23:51
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2011/12/12 0:13 Last Login : 2018/7/28 23:29 From Right here!
Group:
Registered Users
Posts:
847
|
Erica is on the money as is jerseymom when she posts. Is your apartment rent controlled or is that when you have 5+ apartments? Never could remember. Anyway, if your roomie wasn't such a jerk, I would say try the unconscionable increase defense. Make sure you have the difference in an account ready to pay. You may not win but it may buy you time & will aggravate the bejeebers out of everyone.
Posted on: 2014/2/10 23:43
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Just can't stay away
|
Reasons why I do not want to move: 2 big ones
I can not afford to move ie pay for movers, I have real furniture I got from om grandmother that is heavy and I live in a 4th floor walk up. I have to pay movers to move. I would also have to shell out another deposit which i do not have as i wont get the deposit my current landlord has for up to 30 days after I move out. I took our backyard from a place no one in the building used that was full of bricks and trash and cleaned it up so much so that I built raised beds, removed hundreds of pounds of bricks and trash all on my own dime and have turned it into a lovely oasis with rose bushes, and plants flowers and vegetables. And third. My roommate and I just stay our of each others way. We dont talk. SHe pays her half of the rent directly to the landlord as do I and she pays her half of the bills on time every month.
Posted on: 2014/2/10 22:42
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
I deleted my post prior to Erica's response, which is right on target. After posting, I dug into the tenant's guide and found some new information I never knew which was really helpful and interesting. My original post did indeed contain an error regarding the lease options.
Erica is reflecting my findings - you may have a chance, but at what price? Is it worth the price to stay in a home where the landlord doesn't want you and your roomie doesn't want you?
Posted on: 2014/2/10 21:34
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Just chiming in that jerseymom and user1111 aren't right in this instance. NJ law is very clear that the end of the lease period does not end the tenant's right to occupy the apartment (the exception being an owner-occupied dwelling with 3 or fewer apartments). The tenancy either becomes month-to-month on the same terms as the original lease, or the landlord can offer a new lease. In the new lease, the landlord is free to change the terms of the lease (with some restrictions) - raising the rent is probably the most common change to the lease. The tenant can accept any changes to the lease terms and continue renting, or refuse them and move out (or decide they're illegal changes and go to housing court, but that's a different story).
In your case, since you are willing to pay a rent increase, the landlord cannot evict you and you do not have to move out. However, since both you and your roommate are on the lease (cotenants), it's likely that each of you has the right to continue to occupy the apartment at the new (higher) rent, so while she (and your landlord) can't kick you out, you also can't easily get rid of her. I also agree that your roommate sounds like a jerk and you may want to explore other options, whatever your rights. I'd sit down with your roommate and say that, legally, she can't kick you out (and you can't kick her out) so you need to figure something else out. You can offer her a financial incentive to move out, or ask for one yourself. If I were you, I'd probably choose to move out, since dealing with a landlord who now seems not to like you could be a headache. If you agree that you will stay and she will move out, I would make that clear to your landlord ASAP. I'd do this in writing and cite your previous conversation in which you agreed to the new rent rate, as well as stating that nonrenewal of the lease would be illegal, citing the relevant case law (from the links you and others have already found). Do this in writing, probably an email (for immediacy) and also certified letter. If you agree that you'll move out, it's probably easier since that's what the landlord seems to want, but I'd still put in writing that you are terminating the lease agreement on x date and *get a signed response from the landlord* (or at least an email). You don't want to end up on the hook for any future rent payments.
Posted on: 2014/2/10 21:23
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Just can't stay away
|
I live in a 4 unit building. Landlord does not live in this building. So your case does not apply to me user1111
Posted on: 2014/2/10 19:04
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Just can't stay away
|
Thank you so much for the helpful and constructive replies. Not that it matters but, 1st roommate moved out because he got a huge raise and moved into a fancy Condo with his girlfriend, second was a bitch and had friends who came over and snored coke and one of her male friends grabbed my ass. Drugs are not allowed according to the lease. She was told she needed to move and did so on her own accord at the end of the last lease.
Posted on: 2014/2/10 18:57
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Not too shy to talk
|
Quote:
That's only the case if it's a 2 or 3 unit building and the owner lives in one of the units. Since the OP stated that they read the Tenants? Rights document and couldn?t find any justification for eviction, my assumption is that it?s not the case here. But I could be wrong.?teacherinjc, is that actually your situation? Because if the landlord is an owner/occupier, you might as well pack your things. That exception is pretty cut and dried.
Posted on: 2014/2/10 18:31
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2012/1/11 18:21 Last Login : 2019/12/26 15:30 From GV Bayside Park
Group:
Registered Users
Posts:
5356
|
The thread title is misleading, to me this does not sound like an eviction. If your lease has ended he is allowed to not rent to you any more, for any reason at all. (not really, but most get away with it)
This is not an eviction, it is an end of your relationship as tenant/landlord. He has the right to decide he no longer wants to rent to you, just like you have the right to decide not to live there any more. (The best excuse I heard, my dying mother is going to take the apt) He does have to give you 30 days notice that he is not renewing the lease. There is no "case", your lease will end and he does not want another one. (Even though in NJ its the law to offer a new lease, but most landlords that want you out will raise the rent put in all sorts of horrible things so you will leave) I have done this a few times.
Posted on: 2014/2/10 18:14
Edited by user1111 on 2014/2/10 18:35:53
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
Barring you having left out some juicy details or your landlord making up some infraction, neither of you can be evicted. Unless you and roomie can agree to cut cards for the apartment, you're in for some unpleasant times.
Posted on: 2014/2/10 18:09
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
I feel bad for your situation. It sounds like your "room mate" is a little slimeball. From the landlord's perspective she might feel that having 2 tenants living in acrimony may make for an unstable tenancy should one decide to leave. I know you seem OK with living with the room mate but your room mate is obviously not OK living with you.
Since you are the longer residing tenant, i think you should have priority over the other one, but that's just what I think. Good luck on this and hopefully the more useful suggestions that others have provided will be helpful.
Posted on: 2014/2/10 16:54
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Home away from home
|
I meant that if the landlord refused to sign the lease that s/he initially offered, then s/he can't charge the increased rate.
The OP agreed to the increase and is willing to sign a new lease--but until that's signed and goes into effect, the existing lease spells out the terms. From https://www.lsnjlaw.org/Publications/P ... Manuals/TenantsRights.pdf: "landlords can only increase the rent if they follow the correct procedure to end the lease at the old rent and create a new lease at the increase rent."
Posted on: 2014/2/10 16:53
|
|||
|
||||
|
Re: Eviction. Tenants rights please help.
|
||||
|---|---|---|---|---|
|
Not too shy to talk
|
Quote:
CdeCoincy is right-- the Division of Tenant Landlord Relations is your best resource here. But just to clear a few things up. You cannot be evicted under the grounds you've established in your first post. Even at the end of your lease, the landlord is required by law to offer you a new lease, unless they have good cause not to do so. Generally, "good cause" means not abiding by the terms of your existing lease. So noise complaints, failing to maintain the premises, or failing to pay rent in full and on time would all be covered there. That being said, if I was in your shoes I'd leave. Landlord/Tenant squabbles are often more trouble than they're worth.
Posted on: 2014/2/10 16:40
|
|||
|
||||