New Jersey Landlord And Tenant Legal Questions

Much depends on your lease.  You should have an experienced attorney review your lease to determine your rights. Of course, all leases should contain a "right of quiet enjoyment" provision and thus, you should not be forced to live in such a condition. As for your security deposit, there are stict laws in New Jersey concerning security deposits. A landlord is not permitted to take yoru security deposit under most circumstances. More specifically,  The Rent Security Deposit Act states what a landlord must do with your security deposit when you move out, even if you move out before your lease is over. Within 30 days after you move out, the landlord must return your security deposit and interest, less any rent you owe or any charges for repairing damage that you have done to the property. If the landlord deducts any amounts for damages or rent, he or she must give you a complete list of the damages he or she claims you did to the property and the cost of repairs. The landlord must send you the list of damages by registered or certified mail, and the landlord must return to you any money left over from your security deposit. Cite: N.J.S.A. 46:8-21.1. The landlord can only charge you for property damage that is more than ordinary wear and tear. Ordinary wear and tear means damage that takes place from the normal, careful use of the property. Examples of normal wear and tear are faded paint on the walls, loose tile in the bathroom, window cracks caused by winter weather, or leaky faucets or radiators. Examples of damages that might not be ordinary wear and tear are large holes in the walls caused by nailing up decorations, cigarette burns on floors, or a broken mirror on the bathroom cabinet. Landlords cannot charge cleaning fees to tenants who leave their apartments broom clean. Landlords often try to deduct such fees, as well as fees for painting. There are steps you can take to prevent a landlord from charging you for ordinary wear and tear, cleaning, or painting. Before you move out, ask the landlord or superintendent to personally inspect the apartment. Then ask that person to sign a note stating that you left the apartment clean and undamaged. If you cannot get the landlord or superintendent to inspect the unit, have a friend do so. Ask your friend to take photographs, and sign and date them. If you have a friend do this, make sure the friend can go to court with you if necessary. If you end up in court, the judge will not accept a letter from your friend as evidence.   ... Read More

You say that you didn't sign up for any further obligation.  If that is true, you have no further obligation.  But many leases have a  provision that says that a guarantor's obligation remains on any extension or modification of the lease, and that he/she waives the righrt to notice of any such extension or modification.  If you read the loriginal aase that you co-signed carefully, I believe you will find that it provides for your continuing obligation under those circumstances.... Read More

The answer depends upon what your commercial lease says.  In the end, sometimes having a lawyer send a demand letter on your behalf threatenign litigation makes peopel act more reasonably and fulfill their contractual obligations.  I'd be happy to do that for you. Feel free to contact me at your convenience. Best,Lou Russowww.russolaw-llc.com  ... Read More

Under the common law in New Jersey, a landlord must take reasonable steps to find a replacement tenant, regardless of why you broke the lease. The question is whether the "renovations" are reasonable under the circumstances.  Meaning if the rennovations were necessary "repairs", then a court would probably find the landlrod's actions to be reasonable.  But if the landlord is taking its time and making no efforts to list the property or to finish the repairs then a court might not find it to be reasonable. So this is a tough question.  The answer for you might be to have an attoreny reach out to the landlord to light a fire under it to get moving. -Russo Law LLC www.russolaw-llc.com... Read More

Hotels and motels do not fall under the anti-eviction laws, although there may be distinctions between those hotels that rent rooms to short term occupants and those that are specially designated for longer-term rentals. Since you have been in the room lests than one month based upon the date of your inquiry, you would be considered a transient guest as opposed to a long term guest. Please see the link that I am providing. https://www.cga.ct.gov/2010/rpt/2010-R-0069.htm... Read More

There is a cause of action to break a lease based upon the breach of the warranty of habitability or "quiet enjoyment" of your premises. I don't know if you are looking to find a new place or stay where you are. You may have a claim for damages based upon your health, especially if the landlord were aware of your situation. Best to consult in depth with an attorney about your rights.... Read More

If this is a notice to quit, the landlord still has to file an eviction complaint in court. But you are entitled o thirty days notice unless it is for nonpayment of rent. But the landlord would have to file in court. There is no time minimum requirement for nonpayment but minimum of 30 for any other causes for eviction.... Read More

You leave out some important information. It would seem that if you lived in an apartment for 18 years that a carpet would be subject to at least that amount of wear and tear, which is not something the landlord can bill you for. Of course, if there is tenant negligence such as burns or rips, or animal stains that might be different, but you still would not necessarily be liable for a new carpet, since she would have to present what the old carpet was worth. What's more, if she withholds a security deposit and fails to show that she was entitled to her damages, and you sue, you may be entitled to double whatever the landlord should have paid back from the security deposit, but lawyer fees as well! Plus she has to inform you in writing with an accounting of her expense.... Read More

There are complaints for breaching the warranty of habitality that can be used if, for instance, you wished to break your lease and leave early. If you are seeking a complaint for possible damages, these types of complaints are difficult to prove, because you have to prove there is mold, and this isusually from a mold remediation expert. A mold remediation expert can also tell you what it would take to remove the mold, so the landlord doesn't try to treat it by home remedies like bleach or paint. But you would also need a medical doctor who conducts tests that can show that the medical problems you are suffering from are mold related. This could probably be discovered by allergen tests. ... Read More

If the attorney refuses to contactd you, send a letter and indicate that you are going to file a complaint with your county's attorney disciplinary board. You can also obtain information as to your attorney's status from the  attorney index on the njcourtsonline's website. https://www.judiciary.state.nj.us/attorneys/index.html   You may seek other counsel and that attorney can make sure that the other attorney provides the file and an account of the status of your complaint and suggest any other appropriate action.  An attorney does not have a right to retain a client's file. At best she could only ask for the ordinary costs to reproduce the file.... Read More

Yes, you need an attorney. You have a claim both against the landlord as well as the realtor who listed this. You should have attorney assist in preparing suit, seek relocation costs and you can escrow rent payments with lawyer and not pay any further rent untill problems are corrected either by the owner or the bank.... Read More

At this point, it appears you should be suing them for monies that you claim were overpaid at least to the current owner. You can certainly file a claim of your own for the $9,500 or a counterclaim if they sue you. I handle such cases in northern NJ. I can be contacted at 973-665-6367. Anthony Van Zwaren, Esq.... Read More

Verbal agreements can be upheld but they require evidence of intent that often means showing documents, having witnesses with knowledger who can confirm your position, etc. However, you state that the leasing company told the tenant that you were likely not going to rent, so I am not sure how strong your position is. Without an oral contract, it is always questionable.... Read More

I don't know why you say you are not entitled to your security deposit. Either the owner, or the bank may be responsible. Your rights under a lease continue regardless of the foreclosure. Of course, filing suit and getting service on the landlord may be two different things. Suing is easy, locating the landlord may be difficult, but you may be able to track him down. Of course, you would be entitled to move as the landlord has breached the lease, but there are other things you may want to consider in going after this landlord.... Read More

Based upon what you are saying, the landlord has violated many laws, specifically with regard to the security deposit act as well as other laws that may have created an illegal occupancy by shutting off the water. You have already left the apartment, but you may want to consult with an attorney regarding your rights on the security deposit. If the landlord was not entitled to the full $2,200.00 (I am assuming that you paid the $1,711.69 from the deposit), then he may potentially be liable for double the amount that he unrightfully withheld and possible attorney fees.... Read More

In order to know what your rights are, you have to look at your existing lease. Did it give you access to the basement and use of the washer/dryer and second bathroom? You may also need to see if the basement is a legal apartment, especially if they have put locks on the basement. Check with your town or city's building department. When you are a holdover tenant, and have not signed a renewal lease, you and the landlord are bound by the terms of the existing lease agreement. They also may be responsible if your property is damaged that they placed outside, again, did you have storage rights?... Read More

Normal wear and tear is considered to be non collectible by the landlord however, if it required you to leave the apartment "broom clean" then the landlord may be able to collect, but such an amount would have to be pretty negligible if he or she were to try and go to court to justify the claim. Same with weed wacking. If you are only required to mow a lawn, it is a question of the wording of the lease as to whether the landlord can collect for weed wacking. I presume the landlord sent an itemized bill. These bills have to be justified by either invoices from some contractor or has to be in line with real numbers. If the landlord wrongfully withheld money that was due you, you may be entitled to double the amount back.... Read More

You are correct that you are a month to month tenant and whatever your past terms are continue. A holdover tenant does not have to pay double the yearly rent, however, if you vacate without proper notice you might have a potential claim of a double rent for a month. It would be up to a new buyer to decide if they want to use the house for personal use or continue a tenancy, so even if they do buy the property, they would have to give you the notice and then go to court to evict if you don't leave. So you will likely have more than thirty days before you have to leave.... Read More