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Layni S Rothbort

Layni Rothbort’s Answers

849 total


  • Do any appliances become property of the landlord if we replace them?

    We have rented a home for 14 years. We have replaced every appliance with the landlord's knowledge. We gave some of the old appliances to him when they were removed. We are now moving into our own home. Do any of the appliances belong to the l...

    Layni’s Answer

    It depends on what your lease says. Most leases contain provisions stating that all improvements become the sole property of the landlord. Replacement of appliances that came with the rental property would normally be considered to remain with the property under such a less provision. Even if the lease does not have that provision, if it requires the tenant to make all repairs to the property and its accouterments, then the replacement appliances still remain with the property.

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  • What is the obligation of a realtor to the home owner whose rental property she is listing?

    Realtor listed my townhome for rent. She claims to have shown the place 26 times but has no proof of this and changed the number to 21 in our next conversation. She found one tenant with a poor work history and poor credit and tried to talk me int...

    Layni’s Answer

    If you have no listing agreement with this realtor, you should be free to engage another real estate agent to rent out your property.

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  • Is this illegal? Can someone get into trouble? Can I press charges?

    Can a person get into trouble if they sued you, but they already had the money? Example: i used my right to use my security deposit for rent for the last two months I was in an apartment. I followed all of the laws exactly how they are written t...

    Layni’s Answer

    There is a lot of issues packed into your post. First of all, how did the landlord evict you 2 weeks before you were to move out by your lease agreement? Unless he filed a complaint for summary dispossess and you all went to court and he obtained a judgment for possession and had a warrant of removal issued and served by a court-appointed officer, your eviction was illegal.

    If the landlord is suing you for rent he claims you owe him, your defense is that he has already been laid by his retaining your security deposit. "Pressing charges" is done in criminal cases; this situation does not involve any crime, it is a civil dispute that must be resolved by the court. As long as you can prove that you paid the security deposit and the fact that the landlord never returned it once you moved out, you will be given credit for that money. However, if the landlord is claiming that you more money than the amour of the security deposit, you will need to present defenses to his claims or be prepared to pay the judgment which might be entered against you. Without seeing the actual complaint filed with the court, it is impossible to say what those defenses might be.

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  • Can I sue my roommate refusing to pay bills and leaving before the lease is up?

    I am renting a condo with two other people. The third person has been very uncooperative and disrespectful to myself and the other roommate. Trying to discuss the problems with this person is impossible and as a result the third roommate said he i...

    Layni’s Answer

    Anyone can sue anyone else for anything. The real question is: can you win? In the absence of an actual "roommate agreement" setting forth the obligations of each occupant to pay specific portions of bills, if you can show a pattern of splitting the bills equally throughout the tenancy, the vacating roommate should be found to owe for the last rounds of bills. You should wait to file suit until you receive all bills incurred before he moved out, because you only get one shot a such a lawsuit.

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  • Does the executrix of my ex husbands Will have the right to go through and take my personal property in the home ex and I owned?

    My ex and I decided to not sell our home when divorced as he wanted to still live in it. All property in the house that was ours during marriage became mine at his death. It is stipulated that he was not to give, sell, throw away any personal prop...

    Layni’s Answer

    You definitely need to speak to the attorney who represented you in the divorce as well as an attorney who specializes in estates. This situation is far too complex for a public forum such as this.

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  • What should I pay? What should I do?

    On June 6,2016 my landlord made an offer for a 12 month Lease and we accepted. O n July 20, the landlord filed to evict me because my lease was ending and I owed $2200 from previous month. We went to court on August 18th and I agreed to pay the $...

    Layni’s Answer

    You pay whatever amount you agreed to pay in court. That settlement was put on the record and the landlord is bound to it just as much as you are. If the landlord or his attorney made a mistake in the amount due, that is their problem, not yours. As far as the court is concerned, as long as you have paid what you agreed to pay within the time frame stipulated by the settlement agreement, you are in compliance. If the landlord were to try to have a warrant for removal issued due to the fact that you haven't paid everything that he believed is due from you, the judge would only consider what the settlement agreement requires you to pay to determine whether or not you are in breach of that agreement. I certainly hope you have a copy of the agreement, so that if the landlord tries to evict for not paying additional monies, you can dispute their claim.

    As far as your being required to sign the renewal ״right then", there is no "review period" for leases, but you certainly are entitled to sit down there and carefully read the entire document and ask questions before you sign it. Take as long as you need to do that. Regarding filing a certification with the special civil court "because it seems as though they are using the rent as a way to evict" you, landlords are entitled to evict over unpaid rent, nothing untoward there.

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  • I live in apartment in Bayonne Nj 7 years since 07/2009 to 28/07/2016 than they didn't get my deposit $1550.00 dollars.

    I live in apartment in Bayonne Nj 7 years since 07/2009 to 28/07/2016 than they didn't get my deposit almost $1550.00 dollars.

    Layni’s Answer

    If you can prove that you paid the security deposit back in 2009 (bank statement, cancelled check, receipt from the landlord), then you can file a complaint in Small Claims Court for double the amount of the deposit for the landlord's wrongfully withholding the deposit. If this is not the original landlord, if the property was sold since you moved in, it is possible that the original landlord did not give the new owner the. security deposits for the tenants living there at the time of the sale, but that is the new owner's problem not yours and you are still entitled to the return of your deposit or an explanation why the deposit is being withheld.

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  • Lease breakage in new Jersey due to job loss and moving to California for a new job

    I would like to know the situation if there is any legal way to explain the situation to leasing office to break the lease on the reason of job loss. There is a balance 5 months in the lease term and would have to pay the rent until someone occu...

    Layni’s Answer

    You are contractually obligated to the landlord for the full term of your lease. If you break the lease, you remain so obligated until such time as the landlord finds a new tenant to move in to that unit. If the landlord cannot prove that he made a good-faith effort to find a replacement tenant, then you could be found to not be responsible for more than 2 or 3 months, but if the landlord did make such an effort and was truly unable to find a new tenant, you remain liable for the full 5 months. There is no way around this. You signed a contract and the landlord is entitled to hold you to it.

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  • Is it necessary to place "60 days notice for sale of a property" in a month to month lease?

    I am renting to a month to month tenancy to a couple, and listing the property for sale. I usually have a clause with a 60 day notice to terminate upon sale of the property. Is that viable? Someone mentioned it may not be law? They are very nice p...

    Layni’s Answer

    In New Jersey, the Anti-Eviction Law gives tenants the right to remain in their rental property forever, as long as the landlord does not have "cause" for eviction. "Cause" is any one of 18 reasons for a landlord to terminate a lease, even a month-to-month lease. Unless there is one of these "causes", the landlord cannot terminate a lease. The only reason for terminating a lease because the building is being sold occurs if the purchaser intends to live in that rental unit himself. If the property is being sold to someone who is also purchasing it for investment purposes, that buyer takes the property with the current tenants UNLESS the seller indicates that they haven't paid their rent, or have broken certain rules, etc., which give the landlord "cause" to evict.

    Having a month-to-month tenancy really only gives the tenant the advantage of being able to terminate the lease on 30-days' notice; the landlord must still abide by the requirements of the Anti-Eviction law (unless the rental unit is an owner-occupied building with no more than 2 units other than that occupied by the landlord). The law requires that in order to terminate a tenancy for cause, certain notices must be served upon the tenant before the landlord can begin eviction proceedings. That law supersedes the "month-to-month" statue of the tenancy and entitles the tenant to 2-months' notice if the property is being sold to a purchaser who intends on occupying it. Normally, a landlord cannot begin eviction proceedings against a tenant based on the property being sold to a buyer who wants to live there until a Notice to Quit giving the tenant 2 months' notice AND the term of their lease expires, so the advantage of a month-to-month lease is that as soon as the date stipulated in the Notice to Quit arrives, the landlord can file an eviction complaint right away if the tenant fails to vacate by that date. In the case of a yearly lease that began in let's say January, if in July the landlord finds a buyer who wants to live there, they have to wait until the following January to begin the eviction process (waiting 6 months) whereas with a month-to-month tenancy, they only have to wait 2 months.

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  • What rights do I have as a tenant when facing eviction?

    I have been having struggles with paying my rent to my rental due to disabilities that I have been experiencing. Due to delays in regards to disability payments I have fallen behind on my rent and I've offered payment arrangements to my landlord ...

    Layni’s Answer

    There are no notice requirements for an eviction based on non-payment of rent; a landlord can file an eviction complaint the day after rent was due but not paid, if he so desires. That being said, a tenant who has not paid the rent according to the terms of his lease (or any other agreed-upon payment schedule) does not have to comply with the landlord's demand to vacate the premises until such time that the landlord has filed an eviction complaint in the county's Landlord-Tenant section of Superior Court's Special Civil Part, been served with a Summons and Complaint, been assigned a trial date, had a trial in which the landlord was awarded a judgment for possession and been served with a warrant of removal. At that point if the tenant fails to comply with the warrant to vacate the premises voluntarily, a court-appointed officer will actually lock the tenant out of the rental unit. So your options are to move out by August 31 or go to court once the landlord files the eviction complaint and try to come to some legally binding payment schedule that will give the landlord the right to order a warrant of removal if you deviate by even one day without having to go back to court, or convince a judge that you have not breached your previously agreed-upon payment schedule to begin with. If you are unable to settle with the landlord or convince the judge, you will be evicted by the end of September if the landlord files the complaint September 1, so you will have bought yourself an extra month to vacate.

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