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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
#21
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JCGuys wrote:
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JCMan8 wrote:
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jerseymom wrote:
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JCGuys wrote:
Get a consultation from a lawyer specializing in landlord\tenant law for proper legal advice! The good information found on here will be drowned out by fools who know nothing on the matter but present themselves as experts. It's terrifying as some of the advice given on here as it may end up costing you many thousands of dollars and make it difficult to find a landlord willing to rent to you in the future.

Call an attorney for legal advice and take it from there.


I'm curious as to how this situation would make it difficult for the OP to find a landlord willing to rent to him/her in the future? Serious question.


I think this person is implying if the OP goes to court and loses and gets evicted, other landlords will find out and won't want to rent to them.


Exactly. I've seen the question on rental applications, and I believe it's also public record. Additionally, it's not uncommon for new landlords to call prior landlords as part of the background check on a potential tenant (did they pay rent on time, any other issues, etc.)


I get the eviction blot on a record - but isn't there a difference between a "deadbeat" eviction and a determination of a court that a rental increase is or isn't exorbitant?

So Jane Doe gets a 50% rental increase letter, goes to court to fight said increase with good intentions (as is her right), loses and then gets a second hit by having an eviction (and potentially judgment) on her public record?

Does that "always" happen or does the judge have leeway to determine the outcome in these cases?

Brewster - when you took your tenants to court, did the courts attempt any pre-trial mediation with you or did the case go right to the judge? Did your tenants get a judgment that also included court fees and costs?

Thanks for the input - it makes us all better educated and able to advocate for ourselves and others.


Posted on: 2015/6/13 15:39
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Quote:

JCMan8 wrote:
Quote:

jerseymom wrote:
Quote:

JCGuys wrote:
Get a consultation from a lawyer specializing in landlord\tenant law for proper legal advice! The good information found on here will be drowned out by fools who know nothing on the matter but present themselves as experts. It's terrifying as some of the advice given on here as it may end up costing you many thousands of dollars and make it difficult to find a landlord willing to rent to you in the future.

Call an attorney for legal advice and take it from there.


I'm curious as to how this situation would make it difficult for the OP to find a landlord willing to rent to him/her in the future? Serious question.


I think this person is implying if the OP goes to court and loses and gets evicted, other landlords will find out and won't want to rent to them.


Exactly. I've seen the question on rental applications, and I believe it's also public record. Additionally, it's not uncommon for new landlords to call prior landlords as part of the background check on a potential tenant (did they pay rent on time, any other issues, etc.)

Posted on: 2015/6/13 15:07
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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they have bigger things in mind than what you are offering them.


One of their investment strategies is to convert multi-family brownstones into their original one family configuration. The rents are high and the buildings are very saleable. Check out 36 Erie as an example.

Posted on: 2015/6/13 11:03
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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JCMan8 wrote:
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jerseymom wrote:
I'm curious as to how this situation would make it difficult for the OP to find a landlord willing to rent to him/her in the future? Serious question.


I think this person is implying if the OP goes to court and loses and gets evicted, other landlords will find out and won't want to rent to them.


Absolutely. I took tenants to eviction court and they claimed they could not get a new apartment because of the eviction case. I had to write a letter of recommendation saying that it was all a mistake just to get rid of them.

Posted on: 2015/6/13 3:26
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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jerseymom wrote:
Quote:

JCGuys wrote:
Get a consultation from a lawyer specializing in landlord\tenant law for proper legal advice! The good information found on here will be drowned out by fools who know nothing on the matter but present themselves as experts. It's terrifying as some of the advice given on here as it may end up costing you many thousands of dollars and make it difficult to find a landlord willing to rent to you in the future.

Call an attorney for legal advice and take it from there.


I'm curious as to how this situation would make it difficult for the OP to find a landlord willing to rent to him/her in the future? Serious question.


I think this person is implying if the OP goes to court and loses and gets evicted, other landlords will find out and won't want to rent to them.

Posted on: 2015/6/13 2:09
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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JCGuys wrote:
Get a consultation from a lawyer specializing in landlord\tenant law for proper legal advice! The good information found on here will be drowned out by fools who know nothing on the matter but present themselves as experts. It's terrifying as some of the advice given on here as it may end up costing you many thousands of dollars and make it difficult to find a landlord willing to rent to you in the future.

Call an attorney for legal advice and take it from there.


I'm curious as to how this situation would make it difficult for the OP to find a landlord willing to rent to him/her in the future? Serious question.

Posted on: 2015/6/13 0:01
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Get a consultation from a lawyer specializing in landlord\tenant law for proper legal advice! The good information found on here will be drowned out by fools who know nothing on the matter but present themselves as experts. It's terrifying as some of the advice given on here as it may end up costing you many thousands of dollars and make it difficult to find a landlord willing to rent to you in the future.

Call an attorney for legal advice and take it from there.

Posted on: 2015/6/12 23:29
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Conformist wrote:
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jerseymom wrote:
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user1111 wrote:
If its not under rent control then you either agree to pay it or move.


No, that's not the case at all. A rental increase of 50% could reasonably be considered by the courts to be "unconscionable." You have every right to fight this in court, and do not suggest a number yourself if you are amenable to an increase. Let the judge decide what is a "reasonable" amount to raise the rent - if at all.

And shame on Dixon for rent gouging like this. They are counting on folks not understanding the laws and just moving away. I would absolutely fight this.

Read Below:

Unconscionable rent increases (Excerpt)

Under the Anti-Eviction Act, a landlord cannot make you pay an increase in rent that is so large that it is unconscionable, meaning that it is extremely harsh or so un- reasonable as to be shocking.

Unconscionability is not important to tenants if the apartment, house, or mobile home is covered by a rent control ordinance adopted by the city or township.

In that situation, rent control limits the amount of the rent in- crease. Also, if you live in subsidized housing, or receive Section 8, federal law will determine how much your rent can be increased.

In all other cases, the only protection you have is that the statute states that the rent increase cannot be unconsciona- ble. Cite: N.J.S.A. 2A:18-61.1(f).

Whether an increase is unconscionable depends on the facts of each case. The eviction law does not state what makes an increase unconscionable. In deciding disputes between tenants and their landlords over rent increases, judges have not de- fined how large an increase must be in dollars or percentages to be unconscionable. It is clear that some rent increases are unconscionable because the increase is much larger than the prior rent, or because the landlord has asked for many small increases in a short period of time that all add up to a large increase. For example, an increase of over 20 percent, if made by the landlord without a very good reason, could be un- conscionable. Even a five percent increase could be unconscionable if the conditions in the building are very bad and the landlord has failed to make needed repairs.

If you believe that the rent increase your landlord is asking for may be unconscio- nable, you can refuse to pay the increase. Your landlord can then take you to court to try to evict you for nonpayment of the rent increase. If the notice ending your lease
and increasing your rent is proper, then you can defend against the increase in court by arguing that the increase is unconscionable.



"Unconscionable" increases are only ever found when the rent increase is exploitative, i.e., intended to gouge (charge above market rate) a particular tenant who cannot move for a reason specific to that tenant. Rents at market rate are never going to be found unconscionable, regardless of the percentage increase required to reach it. It would be a profound waste of money to fight the increase on unconscionability grounds.


In other words, ask yourself if the LL could find similar apartments to the OP's being rented for similar prices. If the answer is "yes" then they are probably going to have a strong case.

Posted on: 2015/6/12 17:49
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Bax, how big is your place?

Craigslist has 500 to 750 s.f. go from $1,600 to $2,100. The owners may be planning to turn it into a single-family house; entire houses seem to rent from $6,500 to $10,000, so if you have a floor-through your current rent may be too low to argue that $2,100/ month is unconscionable.

I would concur with the others (and trust me I feel for you - I rented on the UWS for many years and had to leave) that pursuing this legally may not be the best use of time or money, and in the long run you might be better off using this time to find someplace more secure. I hope things work out for you!

Posted on: 2015/6/12 17:00
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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baxtyre wrote:
I'm not even sure they want to rent out the apartment if I were to leave, since the two below me have been empty since they bought the building in April. I'm guessing they just want me out to renovate it and increase the rent even higher than 2k--as has happened to several other brownstones on my block--or even just sell the building itself.

I also should have mentioned in my original post that I received this letter of an increase yesterday, and they are stating they need a decision by June 30. Not sure if that makes a difference, the fact that they are only giving me 2 weeks.


A decision by June 30 is within the law. They do have to provide you with 30 days' notice to vacate (so, if you turn them down, you can continue occupying and your month-to-month lease would continue until the end of the lease period that is at least 30 days after the decision not to renew), but that's not the same thing as notice of renewal, which does not have any specific time limit under NJ law (and would definitely be fine at anything more than two weeks).

Posted on: 2015/6/12 16:54
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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jerseymom wrote: Quote:
user1111 wrote: If its not under rent control then you either agree to pay it or move.
No, that's not the case at all. A rental increase of 50% could reasonably be considered by the courts to be "unconscionable." You have every right to fight this in court, and do not suggest a number yourself if you are amenable to an increase. Let the judge decide what is a "reasonable" amount to raise the rent - if at all. And shame on Dixon for rent gouging like this. They are counting on folks not understanding the laws and just moving away. I would absolutely fight this. Read Below: Unconscionable rent increases (Excerpt) Under the Anti-Eviction Act, a landlord cannot make you pay an increase in rent that is so large that it is unconscionable, meaning that it is extremely harsh or so un- reasonable as to be shocking. Unconscionability is not important to tenants if the apartment, house, or mobile home is covered by a rent control ordinance adopted by the city or township. In that situation, rent control limits the amount of the rent in- crease. Also, if you live in subsidized housing, or receive Section 8, federal law will determine how much your rent can be increased. In all other cases, the only protection you have is that the statute states that the rent increase cannot be unconsciona- ble. Cite: N.J.S.A. 2A:18-61.1(f). Whether an increase is unconscionable depends on the facts of each case. The eviction law does not state what makes an increase unconscionable. In deciding disputes between tenants and their landlords over rent increases, judges have not de- fined how large an increase must be in dollars or percentages to be unconscionable. It is clear that some rent increases are unconscionable because the increase is much larger than the prior rent, or because the landlord has asked for many small increases in a short period of time that all add up to a large increase. For example, an increase of over 20 percent, if made by the landlord without a very good reason, could be un- conscionable. Even a five percent increase could be unconscionable if the conditions in the building are very bad and the landlord has failed to make needed repairs. If you believe that the rent increase your landlord is asking for may be unconscio- nable, you can refuse to pay the increase. Your landlord can then take you to court to try to evict you for nonpayment of the rent increase. If the notice ending your lease and increasing your rent is proper, then you can defend against the increase in court by arguing that the increase is unconscionable.
"Unconscionable" increases are only ever found when the rent increase is exploitative, i.e., intended to gouge (charge above market rate) a particular tenant who cannot move for a reason specific to that tenant. Rents at market rate are never going to be found unconscionable, regardless of the percentage increase required to reach it. It would be a profound waste of money to fight the increase on unconscionability grounds.

Posted on: 2015/6/12 16:51
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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If in doubt, pay a lawyer.

The time span on the proposed increase seems way too short.

But the vacant apartments means they were waiting to long dick you as they have bigger things in mind than what you are offering them.




Posted on: 2015/6/12 16:39
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Hi Bax,

There's a JC agency that may be able to help guide you - particularly in how you want to correspond with Dixon.

Tenant Rights
Address: 30 Montgomery St #415, Jersey City, NJ 07302
Phone:(201) 547-5127

Anything you "say" to Dixon at this point should be via email or mail (preferable - certified, return receipt) so there is a paper trail.

You DO have rights in this circumstance and it takes a little effort, but the "little guy" can win in this type of situation. Don't be intimidated by them.

Good luck and let us know what happens.


Posted on: 2015/6/12 16:39
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Well, jerseymom is correct in that you COULD go to court and try to fight the increase, but you should consider the strength of your case before wasting the court's time. A lawyer with experience in these matters could provide some advice. It would seem to me that you have been underpaying ($1300 - $1400 for a 1BR apt in a brownstone by VVP seems really low) and so your case may be somewhat weak. If your argument can be reduced to "I was underpaying for years and I would like to continue to be able to do so", I think the judge will have little sympathy, especially if the new asking rent is in line with what other similar apartments in the area command.

Posted on: 2015/6/12 16:38
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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I'm not even sure they want to rent out the apartment if I were to leave, since the two below me have been empty since they bought the building in April. I'm guessing they just want me out to renovate it and increase the rent even higher than 2k--as has happened to several other brownstones on my block--or even just sell the building itself.

I also should have mentioned in my original post that I received this letter of an increase yesterday, and they are stating they need a decision by June 30. Not sure if that makes a difference, the fact that they are only giving me 2 weeks.

Posted on: 2015/6/12 16:09
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Sounds like they want you out.

tout de suite !

Happy apartment hunting....

Posted on: 2015/6/12 15:44
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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I have raised rents 75% ... Good Luck!

Posted on: 2015/6/12 15:43
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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Quote:

user1111 wrote:
If its not under rent control then you either agree to pay it or move.


No, that's not the case at all. A rental increase of 50% could reasonably be considered by the courts to be "unconscionable." You have every right to fight this in court, and do not suggest a number yourself if you are amenable to an increase. Let the judge decide what is a "reasonable" amount to raise the rent - if at all.

And shame on Dixon for rent gouging like this. They are counting on folks not understanding the laws and just moving away. I would absolutely fight this.

Read Below:

Unconscionable rent increases (Excerpt)

Under the Anti-Eviction Act, a landlord cannot make you pay an increase in rent that is so large that it is unconscionable, meaning that it is extremely harsh or so un- reasonable as to be shocking.

Unconscionability is not important to tenants if the apartment, house, or mobile home is covered by a rent control ordinance adopted by the city or township.

In that situation, rent control limits the amount of the rent in- crease. Also, if you live in subsidized housing, or receive Section 8, federal law will determine how much your rent can be increased.

In all other cases, the only protection you have is that the statute states that the rent increase cannot be unconsciona- ble. Cite: N.J.S.A. 2A:18-61.1(f).

Whether an increase is unconscionable depends on the facts of each case. The eviction law does not state what makes an increase unconscionable. In deciding disputes between tenants and their landlords over rent increases, judges have not de- fined how large an increase must be in dollars or percentages to be unconscionable. It is clear that some rent increases are unconscionable because the increase is much larger than the prior rent, or because the landlord has asked for many small increases in a short period of time that all add up to a large increase. For example, an increase of over 20 percent, if made by the landlord without a very good reason, could be un- conscionable. Even a five percent increase could be unconscionable if the conditions in the building are very bad and the landlord has failed to make needed repairs.

If you believe that the rent increase your landlord is asking for may be unconscio- nable, you can refuse to pay the increase. Your landlord can then take you to court to try to evict you for nonpayment of the rent increase. If the notice ending your lease
and increasing your rent is proper, then you can defend against the increase in court by arguing that the increase is unconscionable.

Posted on: 2015/6/12 15:42
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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I hope you enjoyed making downtown jc yours..

You can refuse to pay the increase and go to eviction court. If you lose you will need to pay the difference, court fees and sign a new lease to avoid eviction. You can try to negotiate a new lease with the company but they will basically tell you to go to hell since they know they can rent out a 1br in VV for 2000+.

Good luck.

Posted on: 2015/6/12 15:41
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Re: Dixon Leasing bought my building, raised rent; what rights do I have?
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If its not under rent control then you either agree to pay it or move.

Posted on: 2015/6/12 15:30
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Dixon Leasing bought my building, raised rent; what rights do I have?
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Dixon Leasing bought the brownstone I've been renting near VVP, and my lease has now expired. They've offered me a new lease but with a 50% increase on my current rent. The building has 3 apartments but I am the only renter. There have been no changes or improvements made to the building that would warrant such an increase. I'm wondering what are my rights in this situation? I was ready to pay a 10-15% increase, but 50% (around 700$) is just too much.

Been reading here, http://archive.lsnjlaw.org/english/pl ... nantsrights/chapterseven/ .. but not sure if I would fall under "Unconscionable rent increases" or if Dixon is basing this off of similar 1 bedrooms in the area.

Any insight would be helpful.

Posted on: 2015/6/12 15:08
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