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Only if your lease allows you to sublet. Leases usually either require you to obtain the landlord's permission to sublet or prohibit it altogether. Your immigration status has no bearing on the issue.See question
I have been in my apartment for 16 years and have always had 2 parking spots available to me under the lease. I have 3 commercial vehicles(cargo vans), but 90% of the time, only have 1 parked at my apartment along with my personal vehicle, thus us...
Most municipalities have ordinances forbidding the overnight parking if commercial vehicles in residential neighborhoods. You need to check if your town has that prohibition. If it does, the landlord may have been warned by the town to stop allowing you to park those vehicles. Even if there is no such ordinance where you live, the landlord is entitled to change the terms of his lease and you are entitled to either accept them or move out. There is no "grandfathering" of lease terms; every new year can bring a new lease with different terms and as long as those terms are objectively reasonable, they are permitted and the tenant who signs the lease is obligated to abide by those new terms.See question
Hello I received a eviction notice for this Friday coming to appear in court. I wanted to know is there to get 30days to move out the unit due to the landlords neglect for years and several failed inspections for the whole entire apartment buildin...
If you don't pay all monies due to the landlord or enter into a payment schedule with the landlord by the end of day of trial, judgment of possession with be granted to the landlord and you will be locked out within 2 weeks. After the court-appointed officer serves you the Warrant of Removal, you could petition the court for a hardship stay of up to 6 months, but it is very difficult to qualify for that. Your best bet is to enter into an agreement with the landlord.
Notwithstanding the foregoing, you may be able to contest that you owe any money at all due to the problems you mention with the building. If the problems affect the habitability of your unit, then you can use that as a defense to the landlord's claim that you owe any money. In order to do that, though, you must have ALL of the unpaid rent (and attorney fees and late penalties if the judge do orders) to pay into court at trial before the judge will hear your defense, which is called a "Marini hearing." It is possible that the judge will decide that you don't owe any or some of the money the landlord claims you owe and therefore you would not have to move out.See question
I rent a house and my landlord lives right in front of the house I live behind it. I've told her that I'll be moving out and don't want to renew lease agreement. She says to write a letter and notarize it. Do I have to do that?
A notarized letter is not necessary. Just send a letter via certified mail, return receipt requested as well as sending a copy via ordinary mail. That way, if she refuses to sign for the certified letter and it gets returned to you but the ordinary-mail letter is not returned to you, you are still deemed to have served her with notice of your intention to not renew your lease.See question
my landlord just sent me a supposed renewal of my lease and she is asking for $400 a month increase and also asking for a security deposit. I have lived in this same apt. for almost 3 years and had not had a lease for almost 2 of those years and h...
Once a landlord has been found to have violated the Security Deposit Act, he is NEVER permitted to demand a new deposit from the tenant for as long as the tenant remains in possession of the rental unit.
Regarding the increase in rent, if the municipality in which the rental property is located has a rent control ordinance, the landlord must abide by that ordinance and a tenant who believes that their landlord is violating such an ordinance can notify the municipal official in charge of such issues and the appropriate action may be taken against the landlord. Even if there is no rent control ordinance, landlords are not permitted to raise their rents more than a reasonable amount, which is usually considered to no more than 10% per year. Not knowing what your monthly rent is, it is impossible to say whether what your landlord is demanding complies with that rule of thumb. If you believe that it does not, you may want to retain an attorney to handle the matter with the landlord or his attorney.See question
My fiancé and I signed a lease, taking the apartment "as is." This was under the false pretenses that there were no major issues when we were shown the apartment. Now that we are in it, we've found black mold in the cabinet in the kitchen space, t...
An oven release gas is a life-threatening defect, that you certainly can demand that the landlord fix. If he will not, call the gas company and tell them you smell gas. They will come very quickly (same day, usually within a couple of hours) and if they cannot fix the situation, they will turn off the gas to the oven at the very least, which then renders the apartment uninhabitable (not being able to cook qualifies for habitability) and then you can either withhold rent or get the oven repaired yourselves and deduct the cost from your rent. The mold issue can also affect habitability, and you can send the landlord a letter demanding that he address the ventilation issue as well as the gas issue. However, repairing the ventilation problem on your own might be harder than the gas issue due to the fact that depending on the size of the building, the ventilation system in an apartment building may be more complex than an oven that is solely within your apartment, so your only recourse might be to withhold rent for that problem. You can include the window problem as well. Send the letter via certified mail, return receipt requested and if the landlord fails to act, you can withhold or "repair and deduct" as discussed above.
As for the other problems, buy a new shower liner/curtain, clean the broiler (do you mean a separate broiling section of the oven or merely a broiler pan?) or buy a new broiler pan and see if you can hammer down whatever nails are popping up. None those problems are significant enough to warrant action by the landlord.See question
Hi, I own a condo in a mid/high end community in Northern NJ. My neighbor recently moved & rented out his unit. The structure of these condos are not well insulated & we hear everything from the new tenants that live above us. We understand they...
Every lease contains, at the very least, an implied covenant of quiet enjoyment of the rental property. The term "quiet enjoyment" can be taken both literally as well as legally. Its legal meaning is that that the tenant will be able to possess the premises in peace, without disturbance by others. That "disturbance" could be constant visits by the landlord or noise from neighbors, among other things. Therefore, you are entitled to be undisturbed by your upstairs neighbors excessive noise. You need to put your complaint in a formal letter to the landlord and send the letter via certified mail, return receipt requested. The landlord SHOULD then send the upstairs tenant a Notice to Cease regarding the noise and if the fail to comply, he SHOULD terminate their tenancy by serving them with a Notice to Quit and if they fail to vacate the premises by the date stipulated in that notice, the landlord SHOULD file an eviction complaint against them and follow that process through until those tenants are actually removed. I emphasized the word "should" because what I have described is the correct way for a landlord to operate, but we all know that not all landlords do what they are supposed to do and you cannot force the landlord to do the right thing. However, if that ends up the case in your situation, there would still be a consequence for the landlord because you would have the right to terminate your own tenancy based on the landlord's breach of contract in allowing the covenant of quiet enjoyment to be violated.See question
Need an attorney for a claim against Amazon that wasn't corrected with a book I self published . A wrong file was submitted by my publishing company to display my book for sale on Amazon which is a marketing service I paid for . I Reached out to A...
If it has been more than 7 years since this first occurred, the statute of limitations may have already expired, but this is a litigation question, nit a real estate question, so I have changed the practice area for you.See question
My yearly lease expires June 30th, 2017. I am in the process of buying a home (had one fall through, which is why I need the month-to-month), but need to extend in my apartment for about 3 months. Before the first home fell through, I had given ...
When a tenant notifies his landlord that he is vacating a rental property by a specific date and then fails to do so, the landlord is entitled to charge the tenant DOUBLE the monthly rent every month the tenant remains in possession of the unit. Therefore, if you calculate what double your monthly rent for 3 months is and compare it to what the landlord is charging you, you may be surprised to find out that things could be worse.
Regarding the landlord's demand for additional security deposit, the law prohibits increases that exceed 10% of the current deposit in one year. So if your current deposit is $399, the most the landlord can require you to pay is $39.90.
Regarding the amount of notice you must give to terminate a month-to-month tenancy, the terms of a written lease always control. So if your lease provides that you must give 60 days' notice (which is two months), then you must give your notice at least 2 months before you are going to move out. The "30-day" notice rule is the default requirement that applies only if there is no specific written lease term regarding that issue. Since you have stated that the lease does contain a 60-day provision, the default does not apply and you must comply with the 60-day requirement. So if your new lease begins July 1 and you want to terminate as of September 30, you must give notice by July 31. If you want to terminate on October 31, give notice by August 31.See question
My husband moved out to his lover and has been living with her for a few weeks. Now he wants me to move out because he wants to move in with her. The lease agreement was signed under his name but it expired a year ago. That's what I found out. I w...
If you were never on the lease, then you have no rights at all to the apartment and you are technically a squatter, a trespasser. If your husband were to notify the landlord that he has moved out, the landlord can demand that you vacate. If you fail to comply voluntarily, he would have to take you to court, but not for eviction, but for a process called "ejectment". That process is much quicker than eviction and you would be put out of the apartment in a very short time. You need to decide whether you need that additional stress on top of what else is going on in your life or whether you want to be in control of at least one aspect of your life by finding a new place to live.See question