Layni S Rothbort’s Answers

The New Jersey Anti-Eviction Law requires that the landlord give you at least two (2) months' notice of his intention to occupy your unit and said notice must be a formal Notice to Quit. If you fail to vacate by the deadline set in said Notice, the landlord must file an eviction action against you in the county in which the property is located and wait for a court to order your eviction. So you have at least three (3) months to find a new place to live. Furthermore, if the landlord is...

Normally, landlords require tenants to pay the first month's rent before turning over possession of the rental property. Whether or not that first payment is pro-rated for a lease starting on any day other than the first of the month is an issue that should be discussed with the landlord prior to that initial payment. Thereafter, rent is normally due on the first of each subsequent month, although most leases provide a grace period, usually five days, before late charges are assessed.

New Jersey law prohibits self-help evictions, which is what your landlord is threatening. Without a special court order, called a"warrant for removal", no sheriff will assist her in locking you out of your apartment, but should she try to lock you out on her own anyway, she could be found guilty of a disorderly persons offense, You must be provided a copy of this warrant for removal at least three days before the scheduled lockout. Should your landlord try to lock you out, you should call...

Unfortunately, there is no effective defense to non-payment of rent, no matter what the reason. Unless you can come to some understanding with the landlord regarding the payment of rent going forward, if you do not pay all of March rent by 4:30 tomorrow afternoon, a warrant for removal will be issued 8 days later. At that point, you could petition the court for a hardship stay of eviction for up to 6 months, but it is not a sure thing that such a stay will be granted. Also know that the...

You should have been documenting your complaints to the landlord regarding your loud upstairs neighbors by sending letters by certified mail, return receipt requested. That way you could prove that the landlord had failed to correct a condition that made your apartment uninhabitable. By doing so, you would be able to demonstrate that you have been "constructively evicted" from your apartment and you would not be liable for any additional rent due to the landlord's failure to correct the...

Pursuant to N.J.S.A,. 2A:18-72, et seq.,a landlord may only dispose of property left behind in the rental premises if said property has been abandoned by the tenant. In order to show abandonment the landlord must to give notice to the tenant, by certified mail, return receipt requested addressed to the last known address of the tenant (which can be the address of the rental premises) , notifying the tenant that the property is considered abandoned and will be sold or otherwise disposed of...

New Jersey has an Anti-Eviction Law that gives a tenant the right to remain in a rental unit as long as they like, assuming that they continue to pay rent and follow all of the landlord's rules. If your landlord has not offered you a new one- year lease, at the expiration of your current lease you can remain in possession of the property on a month-to-month basis. That means that you only have to give the landlord one months' notice when you decide to end your tenancy. So if you want to stay...

A lack of heat is a habitability issue that would cause a court to reduce the rent due to the landlord or determine that you have been constructively evicted and can move out without any penalties. Give the landlord written notice of the lack of heat. If he fails to make the repairs necessary to get the heat working consistently in a "reasonable" period of time, you can "repair and deduct,". which means you can call in a repairman yourself and deduct what it costs you from your next rental...

At the end of the term of a lease, if no new lease has been signed, the tenancy automatically becomes a month-to- month tenancy. A landlord cannot evict a tenant just because the lease ended. The landlord can only evict for cause, such as non-payment of rent, violating rules, etc. In addition, a landlord must still go through the legal process of filing a complain for summary dispossess and obtain a judgment of possession before he can evict a tenant, even if the lease has expired. So,...

Another option is for you to pay the water bill and deduct that amount from your rent payment. While the landlord will probably object to receiving less than the full amount of rent, "repair and deduct" is an valid defense to an eviction action.