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Sandra Joseph’s Answers

368 total


  • Can my Landlord make me leave my house for two weeks while he makes repairs to the house?

    Its Sept., I found out in June that the air conditioner in the attic was leaking into a hallway closet. Mold had started to form so I contacted my landlord. After reading a few things about mold I became worried since I have children and I am preg...

    Sandra’s Answer

    • Selected as best answer

    You cannot be terminated by section 8 for mold. Section 8 will suspend payments if a an inspection reveals there is a condition. I would contact section 8 and have a section 8 inspector check it out. Section 8 will tell the LL what is required.

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  • Am I still entitled to my security deposit and more?

    I lived (rented) at the house for approx 2 years. The first lease being from June 2011 to June 2012. The second lease was from August 2012 to August 2013, there is a month or more gap between leases because my landlord took over a month to write u...

    Sandra’s Answer

    It's too late for the claim of the location of the security deposit or the interest. It will also depend on the number of units and whether you made a demand for the location and interest during the tenancy. The LL has 30 days from vacatur to return your security deposit if you do not receive a written notice indicating the deductions then you can start a proceeding in small claims. Yes, you can then sue for double the security deposit. However, if you signed a lease that ended August 31, 2013 that's when the lease ends and the LL can then seek money damages for non-payment of rent.

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  • Do i have any legal rights in this situation?

    N.J i live in apartment building on 5th floor, the only reason i took the apartment on 5th floor is because of the intercom and door buzzing system, however neither is working and landlord hasnt done anything about it.

    Sandra’s Answer

    In my buildings, the intercom works but the door opener on the front door does not. This is for security reasons. Tenants buzz people without checking. This way the tenant has to go down the stairs. Or some of my tenants have a key that they toss down to the person. Have you asked the LL about it? Did you notify the LL in writing?

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  • Landlord refusing to deal with wasps

    I have wasps living in the overhang above the main entrance to my duplex. The landlord was made aware of the wasps over a week ago, but has done nothing about it. Meanwhile, my roommate and I continue to get stung on a regular basis. Do I have the...

    Sandra’s Answer

    Did you notifiy the LL in writing? Before you can do pest control you must give the LL an opportunity to cure. A pest control service will NOT bill your LL. You will have to pay then and there and if you follow the proper procedures deduct it from the rent.

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  • Is this legal?

    Landlord asked for rent before due date due to their vacation. I told them i would try but was unable to do it. Was told they would be gone for two weeks. They returned a week early and i told them that i would have the rent for them this coming ...

    Sandra’s Answer

    You are asking two questions. The security deposit question will depend on whether the building is a one-three owner occuppied. If it is you must make a written demand for LL only has to tell you where your security deposit is. If you are taken to court for non-payment of rent and you have the money, the LL has to accept the rent money. For what other reason would LL take you to court besides non-payment. Have you been served with a Notice to Cease or Notice to Quit?

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  • Can my landlord refuse to renew my lease because he wants to convert his condo to corporate housing for his company?

    After numerous requests to make repairs on appliances, the landlord verbally informed my fiancee (6 weeks before lease end) that he did not want to renew lease because of the hassle. When I spoke to landlord he verbally informed me that he wants ...

    Sandra’s Answer

    This may be one of the exceptions to the Anti-eviction law. However, the LL would have to provide you with written notice. It would depend on whether he owns more than three units in the building. It could be considered a sale to his company and the company wants to occupy it. It would also depend on whether you moved in before or after it was a condo. I would not use your security deposit as rent as you may find yourself in court. On the other hand if you intend to move maybe talk to the LL and explain your situation and see if you can come to an agreement with the LL.

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  • I wrote up a contract to my landlord, he rented the house to me and I agreed to pay on time or I move out.

    I don't have money and Im afraid he can just say well you need to leave without a court summons. Since I wrote up an agreement saying I would agree to move if I did not pay.. Can he do this without going to the court..He never wrote up a lease an...

    Sandra’s Answer

    You are a month to month tenant if you do not have a lease. Yes, the LL will have to take you to court to evict you. However, unless you can work out an arrangment to pay on the court date or you have all the past due rent by 4:00(:30)PM that day the LL will receive a warrant of removal. The sheriff will lock you out within 7-10 days from that date. Non-paymnet regardless of the reason in NJ will result in eviction unless the LL and tenant come to an agreement.

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  • Renter listed false info on lease application. I rented to her, had she told truth I wouldn't have. Do I have legal recourse?

    She listed a made up name and number on the lease application and put in writing that I do not call him because he did not know she was leaving. She said she had to get out because other tenant there was creepy to her daughter. I bought her swee...

    Sandra’s Answer

    Mr. Brinkmeter should answer questions in Chicago and not NJ. If this is a two unit building and the LL lives in one, you may start a proceeding to evict her. Owner-occuppied buildings with three units or less are not subject to NJ Anti-eviction laws. It is a tedious process. You can serve her with a Notice to Quit and she will have 60 days to vacate. If she does not vacate then you will have to go to court. There are no self-help evictions in NJ.

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  • Verbal lease w/family member who owns the house. Do we have to be out by closing? Scheduled for 8/30/13. Need to know ASAP.

    Have had a written lease that expired w/my uncle; we have a verbal lease now. House is being sold and closing is scheduled for 8/30. Real estate agent says verbal lease w/not stand up in court and we could be evicted by new owners if we're not o...

    Sandra’s Answer

    Once your written lease expired, you became a month to month tenant. Therefore, the owner would have to give you 30 days written notice from the first of the month. Moreover, unless an eviction proceeding has been commenced there is NO way you would be locked out by the sheriff before about mid-September at the earliest. Moreover, depending on the number of units, you may be entitled to a NOtice to Quit giving you 60 days to move.

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  • Quiet Enjoyment

    I live in an apartment located next to a bar. I hear very little of the music played and if the back door is shut, then I hear almost nothing (so this is not a problem). However, there is a courtyard behind the bar that is adjacent to my unit's wa...

    Sandra’s Answer

    Your LL is not required to put in soundproofing. Quiet enjoyment actually means that you are the holder of the property for the period specified in the lease. Your LL is not responsible for the noise in adjacent property whether or not the LL owns it or the management company controls it. I suggest you talk to the bar. While Hoboken does enforce quality of life issues such as you describe this is on private property.

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