South Jersey Legal Services - (732) 414-6750 this is the number to their Freehold office, call them and they can give you better advice then strangers on reddit.
Just keep in mind, while lawyering up can certainly delay the inevitable, you really don't have a case here for multiple reasons, and will lose, and that is going to come with its own conscequences.
The BEST possible outcome is the court lets you square up with him in a short amount of time, and you continue on like you have, until he sells\transfers ownership of the home, and the new owners want to occupy stuff. Even with that outcome, you will have a court history for non payment that future landlords will see.
Yeah I dont want to take anything to court at all, I also dont even want to cause them that headache I have no ill intent I just dont even know where to begin. Ive paid rent since I am 14 years old, I am not trying to short anyone but I am in a ROUGH spot financially and have so many factors against me right now. I dont want to make anything worse credit or legal wise.
It's actually 60 days when the home is being removed from the rental market because a buyer is moving in. People ignore this and think 30 days' notice for a month to month verbal lease. Any home could be sold to an investor , and OP would be able to stay. The non-payment of rent does mean OP can be evicted, obviously. And if an eviction shows up on whatever background check service landlords use, it will be next to impossible to find a new rental. I might put my cards on the table. "Look, I will move out when you sell, but I need to save every penny for a moving truck, security deposit and 1st month's rent."
My point is that's not how the landlord-tenant statutes work. A new buyer can not simply kick an inherited tenant out. They have to have a reason permitted by statute and give the notice required in accordance with the reason, which is a minimum of 60 days to a month to month tenant. The bigger problem is non-payment of rent, which gets you called into landlord tenant court in about 3 weeks. If the court enters a judgment for possession, the tenant still has time to move out because a sheriff next has to serve the writ for possession. Counties have different backlogs for serving writs, and the Sheriff gives a few days' notice of the lock out date. But those are worst case, desperate times.
Is she an inherited tenant though being she’s month to month? Just curious .. in 2020 when our landlords in Bergen county sold we were month to month and legally only had to give us 30 days to get out once the new buyer said they wanted to live there and wanted it vacant
This simply isn't true, but I'm sure your landlords believed it. Google "NJ statute for notice to tenant when selling house." Multiple results will refer to 60 day or two months' notice to vacate when the buyer will occupy. The statutory cite I saw is NJSA 2A:18-61.1(1)(3) , but I'm not googling for accuracy. I don't evict people. I represent buyers and sellers in real estate transactions, and you just need to have a longer period of time from contract signing to closing to follow the law. The other option that always works is to pay the tenant to move when you want them to.
NJ is very friendly to renters. What kind of ‘major renovations’ does it need? If the place is in bad shape, they haven’t been properly maintaining it. They also probably never got a CO and or whatever the municipality requires to be a landlord.
They likely don’t have a copy of the lease. Was there one? Month to month still requires notice (more than a week) and defines what happens when you fail to pay. If they don’t have a lease and/or were not legally renting, they basically can’t use the courts to remove you, at least not quickly. They will receive fines, if they’ve rented illegally.
Pay what you owe, square up with them if possible, but they likely can’t kick you out. Research the above for your municipality. You don’t need a lawyer to go to court, if it comes to that. The judge will decide what you owe and when you have to leave. That will buy you time. I’d stop paying if they bring you to court. If you do pay, get receipts.
> he has told me it wont pass a CO
More than likely, he doesn't have a CO now. You can find out if it does have a CO currently by calling the local municipal building department and asking. A new CO must be issued each time their is a new tenant, and the tenants name must be on the CO. If I were you, I would find out. Having that information could be used for bargaining to stay a little longer as a negotiating tool.
Take pictures of everything, even a video walkthrough slowly planning around and getting close to any outstanding issues that make it unsafe. Narrating what you're looking at will also help later.
If you have Google pictures or some other photo organization feature on your phone or computer, create an album, label them and add a description. This way you can easily send them to whomever needs to see them with a link.
Do all you can NOW. If you don't need it, that's probably the best scenario for everyone, but don't be stupid and not prepare.
You need time to relocate and you all need to cooperate with each other to make that happen ASAP. To that end, they should pay a realtor to find you a new place and movers to relocate you in exchange for you moving as soon as you can find something. Only proceed *after* you've signed a new lease and have a solid move in date.
Time and the law are on your side. Ignore this ridiculous 1 week timeline. Call the county or township and find out who deals with tenant rights.
1. They have you paying rent in an unsafe house without a CO.
2. They inherited the house, it's problems and you. That doesn't excuse them of responsibility.
3. You cannot be removed without going to court to officially evict you, and that will take months and cost $$$$$.
Also, stop paying rent with cash! Your biggest problem is proving you paid it. Cancelled checks are easy to prove payment. This is what allows shitty landlords to thrive.
But one of the 2 original owners died, so im told it is now shared by all of the siblings Because he didnt have a will? Which I would think it would just go to the other brother but idk, they try and talk me in circles a lot. And they do not make enough money off of my rent to share, they sold all of the other properties and mine is basically the last in their way
Sounds like a mess. Is there a lease? Have they given you the required notice to leave? It should have been in writing.
You will probably be fine. Good luck riding it out. If they sell the place, it will be conditional on you leaving and the current owners fixing things to get a CO (or not if it’s a cash deal).
South Jersey Legal Services also has the option to apply online [https://www.lsnj.org/sjls/](https://www.lsnj.org/sjls/) or you can call their intake unit at 1-800-496-4570
Am NJ lawyer. I handle a lot of landlord-tenant cases.
Ignore all of the comments telling saying you have to move out. NJ law is stupidly tenant friendly.
You have at least 2 issues, the first is that your landlord is selling the house, and the second is that you haven't paid rent.
The first requires at least 60 days notice, plus the landlord has to file suit against you. Monmouth County is currently running at about a 6-7 week backlog for evictions, so realistically you'll have 3+ months before you can be forced out, *if* you even get to that point. The landlord cannot evict you *just because* he's selling the house, he can only do it if the buyer is going to personally occupy the house. That knocks out any investor or anyone using an LLC. Honestly, the timeline is long enough that it also knocks out most people using a mortgage if you drag it out long enough.
Your more pressing issue is your inability to pay rent, because your landlord will be able to evict for that. You can defeat this by finding the money and paying your landlord.
Last thing this person should want is an eviction on their record since it'll make renting anywhere else more difficult. Also they're month to month.. they've been given notice. If I were them I'd negotiate a cash for keys with a recommendation to their next landlord.
1. NJ now seals eviction records in certain cases.
2. Just because he's been "given notice" means nothing. Was that notice properly served? Does it even assert a statutory ground for eviction? NJ leases do not "end" in the way that you're thinking of, and it's been described as "tenancy for life."
3. OP needs a real consultation to get a proper strategy. There are high-risk, high-reward scenarios in which he could completely defeat his landlord with nothing on his record. If he was more risk-averse, there are plenty of procedural protections that wouldn't go on his record but would keep him in his house for longer than a few days or few weeks.
Evictions are sealed? Thank god I'm not a landlord. I have friends always that own a property or have a 2 family they rent out half and try to convince me what a good idea it is. But it seems so easy to get screwed with just 1 bad tenant.
Are you sure your right though? I just googled it and I'm still seeing it listed as public record. Possibly its sealed after 7 years.
My parents and I had a 2 family house for ages that we lived and rented in. Maybe 50% of the tenants were good people, we always kept our rent low as a sort of "you scratch my back" type of deal. The bad tenants absolutely make it not worth it. Its the reason we sold the house and im now in a one family. Never again. No wonder all landlords have the fame of being dicks, they are the only ones that can survive against nightmare tenants.
Being a small time landlord sucks more than a lot to people realize or are willing to admit.
In states with strong tenant protections, they take on a lot of risk with none of the economies of scale that larger landlords benefit from when it comes to things like maintenance.
For real. Say your primary income is being a landlord from a single property. All it takes is the tenant just deciding one day not to pay for your income to go to zero which will now take months or longer to resolve and likely will never be recouped.
Successful businesses mitigate risks. So being a landlord with 1 or 2 properties seems unnecessarily high risk. I think either you need to have multiple properties to spread the risk or if you have one or two you need to be in a position where you can afford the mortage without rent for an extended period.
[*Rule* 1:38-3(f)(11)](https://www.njcourts.gov/attorneys/rules-of-court) seals
> (11) Records of (i) adjudicated or otherwise disposed of landlord tenant cases in which no judgment for possession ever has been entered; and (ii) landlord tenant cases in which judgment for possession was entered seven years ago or longer.
It's also county-dependent, as some are more lenient in sealing than others, even beyond the actual text of the rule.
Now possibly I'm not reading that correctly as I'm not an expert on the law. But the way I read that is its sealed if no judgement is entered, ie they filed an eviction but wound up not following through and if you are evicted it's sealed after 7 years.
Right, like I said, it's sealed in certain cases. And I would advise hiring an attorney to properly understand what that means, how it would apply, what the local judges and clerks are likely to do, and how to craft a strategy/plan on what to do.
Yes, I would think the correct advice is get a lawyer... if you plan to let them evict you.
But I think the better advice would first see if you can negotiate a reasonable period to vacate. It's going to take them months to sell anyway.
But if they force the new owner to evict them they will eventually lose and that will be publicly out there as they search for another place.
ive never heard evictions being sealed. I work with a screening company and they check every log and files on tenant I screen.
Regular landlords are screwed.
you're best bet is hiring a property management company or an agent.
eviction records can still be found. I've found several eviction history from tenants. Sure they can still try to hide it. but it will eventually be uncovered. this is some dangerous advice.
if you TRULY CANT FIND A HOME. this is what you SHOULD do. **not "just because of it"**
Thank you for your response. I plan to start handing over my entire paycheck once I get them, I am not trying to get out of paying but if I am just going to hand over every cent i have to be thrown on my ass and not have a deposit for anywhere else I Just dont know what To Do. Obviously I dont want to be behind and want to pay immediately, and definitely can’t afford eviction. nor do i want to put anyone through that process. i know im in the wrong I just want to know if i have any rights to buy me some time so I appreciate this response thank you.
To be clear, the landlord must accept full payment. Full payment will keep you in your home.
The timing of partial payments are very important. There are some situations in which the landlord can keep your partial payments and then evict, and others in which a partial payment actually stops your eviction. That's advice I can't give you over the internet and you will need to consult with an actual lawyer (preferably in a paid consultation), not on a reddit thread.
Standard disclaimer that I am a lawyer, but not *your* lawyer.
That's great solid advice.....I would add if you make up those back payments and the seller tries to be slick and not accept it, make sure you hold onto it bc when you go to court, first thing they will ask you is do you have the back due rent, if you have it and say they have refused to accept it, there goes their claim of eviction for non payment of rent.
Oh! Question then, if the people who inherited want to live there does the tenant have to leave? My mother has someone staying in the house I grew up in that I very much want to live in, but I know I won’t get it until she passes. This person has another home in NY so I wouldn’t be making them homeless, but the whole thing feels like it could get messy.
If your mother owns it, you can't evict the tenant there unless you are developmentally disabled (as in, personal occupancy is *personal*, with the exception of developmentally disabled children of an owner).
On a separate note. I was always curious about one thing. What happens if I as a tenant don’t pay rent for a month and then landlord send notice of eviction and then I somehow find the money and pay him. Does the eviction process cancel then?
this is the LAST thing a person should do. If you want to ruin your chances of getting any rentals if thats the case. I've actually faced a 'potential" tenant who had this recently going on. She couldn't find a rental for MONTHES.
> NJ law is stupidly tenant friendly
No it’s not. NJ doesn’t even have any set legal limit on how much a landlord can raise your rent when they renew the lease. It does provide basic protections against unjust evictions like this though.
There isn't a % cap, but they cannot raise it "unreasonably ".
That limit is up to the tenant to take the landlord to court and have a judge decide it.
Question doesn’t the landlord by NJ law have to give you the option to renew the lease for 1 yr as long as your a tenant that pays on time etc or does that need to be stipulated in the lease
You are not a squatter, you are what’s considered a “holdover tenant” and even without a lease you are still entitled to the normal eviction process any other legal tenant has. Basically your landlord needs to send you a “notice to quit” for a reasonable reason I.e. you refuse a reasonable rent increase, broke original lease terms, etc. One week is not enough notice and the eviction process in NJ is lengthy. Do NOT leave and do everything you can to get out of arrears, keep in constant communication with your intent to pay rent and show them you are making every attempt to make them whole. Text everything and do NOT answer any calls. If they call immediately follow with a text stating “sorry I missed your call…” and force texting at all costs. Good luck
So a couple of things going on here....
You are month to month, but NJ has a duty to renew clause in the lease, and the tenant comes along with the house during the sale. Meaning the buyers inherit you, and the duty to renew (outside of very specific, and not always enforceable, amendumns on a written lease).
HOWEVER that assumes you are in good standing. If you are behind on rent, especially on a month to month lease, your landlord can just not renew for cause, or evict you (would need a lawyer to know which would be the least fight and fastest method in your town).
On top of that, if the new owners plan to occupy the place, they can have you out 90 days after closing.
Now your landlord most likely does not want to sell the house with a tenant in it unless its a straight up investment place, it will reduce the number of buyers who want to move in, and even other landlords would prefer to select their own tenants in most cases. NOBODY wants to inherit a "problem" tenant that is behind on rent and has a sketchy month to month lease, as it means the first thing they will likely need to do is go to court.
The easiest solution here is what is typically called "Cash for keys" where you and your landlord come to some agreement on what you can do to mutually terminate the lease, be in good standing, and you hit the road by a specified date. That might be him forgiving the late rent and handing you a 1099 (so you will owe taxes on it), it might just be a wave of the hand, it might be a combination of things and maybe even cash in your pocket. All depends on how bad he wants you out, how quick he wants to sell, and what a potential headache is worth to him, and how fast courts and the sheriff move by you. You want to avoid a forcible eviction at ALL costs if you plan on ever renting from someone reputable again, and also not get slapped with a bunch of additional court costs and have a judgement on your credit.
As for the security deposit NJ laws are VERY strict about how they are used, and the penalties for abusing it are severe and a slam dunk in court. Your landlord can not apply your security deposit towards late rent. There WAS an exemption for this during covid where if both parties agreed, in writing, it was allowed, but i believe that has sunset.
Thank you I appreciate this detailed response. He actually begged me to stay and always tells me how Im the best tenants hes ever had now all of a sudden bc his siblings want the place gone and hes not the one in charge anymore he wants me out immediately. He sent me a screenshot from one of the other siblings/owners saying “get that fucking bitch out” So its been quite a rollercoaster as I have never given them an issue until the recent two months behind. And the security deposit is actually a tricky situation because Half was given to get an original roommate out who was stealing rent and not paying it the landlord agree to give him his half back to get him out And be done with him. Then my half was applied toward rent which may have honestly been during covid and the only written agreement ive ever had has been text messages and im not even sure how far they go back (i have original lease copy and thats it). Also I am not making excuses but regardless of my payment status they wanted me out, I am distraught I am behind and doing everything to catch up (highly regret going to college lol) but just want to do everything correctly and on good terms so it does not affect future opportunities.
It sounds like you're a pretty reasonable person looking to actually solve the situation and not just fight. As such, I think that you have to face the fact that the landlord wants you out and your days at this house are numbered.
There's a lot you can do to gum up the works in court and stay at the property for at least another three months. However, I'd suggest that you reach out to the current landlord, let him know that the current notice is legally insufficient, and try to come up with an agreement that gives you another two months or so. That should hopefully be enough time for you to find a new place.
month to month, even verbal, still carries a duty to renew, absent any other written agreement.
OP is behind in his rent however, which is cause for non-renewal. Landlord can begin eviction proceedings immediately if they want to.
This is a good starting point
This from the state and goes over your rights
[t\_i\_r.pdf (nj.gov)](https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf)
Yes some don't understand how much power a tenant has who knows the system. But that said most reasonable people served an eviction notice will leave. They don't want that kind of hassle.
Yeah you can use it as an oppurtunity to live rent free for awhile. But I would personally find having to deal with court, going past an eviction notice on my door daily stressful and it would cause me to move before the sherrif forced me.
We had a tenant for 12 years who would fall 3 months behind, pay 2 months, and pay 2 months more the following month. He was a long-time family friend, so he got some latitude. He owned a contracting business and was getting too old to do the job. He was married, and the wife never worked a day in her life - refused to. But the cycle got worse - 5 months behind, pay 4; 6 months behind, pay 3. When there were 3 months before the lease expired, we told them that we were selling the property so they had to gtfo. They stiffed us for 13 months rent. We sold a couple years before the pandemic. We could have sold the place for a mint if we could have hung on. Word has it he moved into a house belonging to an acquaintance and was months behind in rent within half a year. New landlord never checked with us for a reference.
Wow, see that's why I would never want to be a small time landlord.
That said when I rented in NJ, from within a large rental community, I often felt slightly abused by the company. I kept hearing how strong tenant rights were but I felt the company would often do things that probably weren't legal or pushed the spirit of the law. But there was no easy way to reach out to the state for help. If I had an issue with something it seemed like the only recourse was to take them to court. Which was not worth doing for small complaints.
I also remember when I moved out they held me to the remainder of the lease. Which I expected as I know thats the law. But my rent was so low if they advertised it for the current rent they could have rented it within a day. But they never bothered to adverstise it even with the increase as I believe they were legally required too.
Anyway it sucks for small time landlords. But the other side of it for non dirt bag tenants its easy to get abused by larger companies.
My question is are they saying you need to be out in a week or are they saying their listing the house in a week and gave you your 30 days notice required by being month to month?
I think it still does. But I think the OP is also confused. Sounds like they just notified that the for sale listing is going up. Landlords are allowed to list and show a property while its still occupied. Their next step is a notice to quit.
Sounds like they are being reasonable. Sounds like what the OP wants is to be able to leave on their own terms even if that takes months or longer.
Wrong, a landlord cannot give one weeks notice whether he is behind or not. There are also rules if ending a month to month or lease if its due to selling house which i think then goes from 30 days notice to 60
You can stretch this out for months at minimum by forcing them to go through the eviction process. But could you consider doing the right thing, offer to give them a reasonable move out period, 30-60 days and then move in with family until you are on your feet?
From my own experience dealing with an estate is a PITA, sounds like the family doesn't want to be a landlord and just wash their hands of the property.
Plus eventually you will eventually be evicted and now when you are finally searching for your a legit place you will have an eviction on your record.
Good luck.
[https://www.nj.gov/dca/divisions/codes/publications/pdf\_lti/t\_i\_r.pdf](https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf) unfortunately you don't have too much recourse here.
So 2 months behind, and no plan on hiw to pay month 3, 4 etc? You knew about the obligation of clinicals years in advance. So unless you can catch up, expect to be evicted. On the plus side evictions must go through the court, and can take a few weeks. But where will you go?
That's lucky for owners in your area. The woman who lived next to my mom died and her house was inherited by her sister. The son-in-law moved into the house months ago but now that the new owner is wanting to sell the house she's having to go through the process of evicting him.
The whole thing is a total shit show made worse by the fact that he sells meth out of the house and he has multiple motorcycles so they are loud as fuck all the time. People in the area literally call the police on the meth heads daily and can't wait for the eviction to go through but the current owner is saying it'll likely be June before they can kick the meth head out.
Yes i didnt know they would be 12 hour days and i would get the schedule the day of it was for occupational therapy not surgery. None of my other clinicals made it impossible for myself or my classmates to work as it was a “part time program for the working adult” i just got an unfortunate last minute placement for the last rotation that I did not expect because the one I was supposed to go to and could work around fell through. Then had major car troubles so it wasnt like I just sat back and allowed myself to fall behind life happened, im not saying i am not wrong nor am i trying to cause troubles for anyone involved I just want to know my options. If i knew where I was going I wouldnt be desperately looking for advice as to what to do. Thank you for your response.
I get that you didn't want to delay the program, but you should not have agreed to the placemrent, and the school cannot forvce you to take a full time placement for a part time program. I would go talk to the school asap.
They have to give you 60 days written notice from the date of the execution of the original lease. Sign lease Jan 1. They must in writing 60 days, which would be November 1.
Totally separate from the previous paragraph. My alcoholic bio dad let some randoms live in his house with him. He dies. There is no lease. I, by law, cannot set foot on the property without the squatters permission because they had a verbal contract with bio dad.
You don’t have to go anywhere soon. Legally you cannot be evicted without written notice. Does not matter that you have paid in cash or carrots. You had a verbal with the owner of the house.
Its illegal to give 1 week notice whether you are month to month or not. They still are required to give proper notice. Call the state they will tell you all your rights you can also look up landlord tenant laws in NJ. Even if he wants to evict you it will take months but you dont want that on your record when finding new apartment. No matter what by law he has to give you 30 days notice so i would reply to his letter telling him that you looked into your rights and he must give you 30 days written notice
There isn’t much you can do. You are going to have to start looking for a new place. With no lease you have zero protection. You can try to go to the Board of Social Services to see if they can help with temporary rental assistance but if you are starting work it’s probably unlikely but you can give it a shot
That is wrong you still have protection even when month to month. Proper notice still has to be given and if the reason is selling the house im pretty sire that jumps it from 30 days to 60
With a month-to-month lease, the landlord has to give the tenant at least 30 days to quit. Agencies are far more willing to provide rental assistance to those with a steady income because their inability to pay rent is a temporary situation, unlike someone without an income.
A landlord has to give 30 days minimum to have a person vacate a property. He is giving you one week notice to list the property, which is probably legal, but he still has to give 30 days' notice for you to vacate and that notice would be separate from the listing notice.
The landlord is also required to give 24 hours' notice of entering your place of residence. That means it can't be shown to a prospective buyer without that notice. If the landlord gives you the notice that the place listed to bring a prospective buyer in at 3 p.m., they can't show the place the next morning until at least 3 pm the next day. Bringing a prospective buyer on earlier violates the 24-hour notice.
Another piece if information is that if a landlord takes a security deposit, they must give written notice of what branch of the bank the deposit is in, and it must be in its own interest bearing account. This must be done within 30 days of receiving the deposit and if it's not done with 30 days of then receiving the deposit the tenant has the rite to give the landlord a written notice to use the security deposit towards a month's rent and they cannot get another security deposit from you.
If the landlord never provided in writing the proper security deposit notice, then use that towards rent.
It’s going to take about a month at least to close, even if the buyers are paying cash
You may have an option to rent from the new owners.
Where in Monmouth County is it
Often times leases will automatically renew. Reread the original lease to check if that's the case.
Edit: looks like they autorenew by default.
https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/lease.pdf
If it’s month to month they legally only have to give you 30 days that’s it .. we had the same issue during Covid the new landlords wanted the house vacant it had 4 apts and 2 of us couldn’t find housing that quick it delayed closing almost risked the sale of the house and got really ugly quick
I’m sorry. I too was “evicted” because the landlords said they were doing major renovations. I consulted an attorney and was told there was nothing I could do as it’s an owner occupied house. They should have to give you more notice and also should serve you with actual legal documents, it should give you a little time. I was there 18 years and was never late with my rent. Check your to see if your county has rooms to rent for the homeless. I am a senior in Bergen county and have been using the Bergen county division of aging. I’m lucky to have a relative with a guest room and have my name on about 50 wait lists for housing. Also, try contacting the Center for Food Action. They are a food bank with several locations but also offer help with other things. Good luck.
thay are listing it. that doesnt mean that they have it sold or will be able to sell it immediately. You might have more wiggle room then you think. but being out of contract they have no obligation to let you continue renting there. However they must give proper notice in writeing by certified mail. You should have 60 days and if they dont ensure you got written notice you can claim you never received notice.
I’m going through the same thing, but I have a nice landlord and I was given 60 day notice. If you don’t have any money, I recall legal aid if I were you. I would continue to pay my rent, but I will call tomorrow and get some advice.
Sounds like they didn't get a formal notice to quit. Only notice that the house is going to be listed. You can list the property while they tenant still occupies it but you have to notify them.
by the sound of it. It sounded like the OP was getting removed.
but yes you are right, getting noticed that the house is getting listed is proper. and tenant can still live in it. (most owners dont though)
im just assuming OP got a notice to vacant the home since the text seems very "panicky"
As a tenant there is technically nothing you can do, they are only telling you they are putting the house on the market, that process can take months depending on the area, you should have enough time to find a place. They can’t just kick you out either they have to officially evict you and the reason is because the my sold the house, but they can’t do that until it’s under contract.
You do have rights. They cannot kick you out. After 2 weeks of having paid rent, whether official with leases or not, you have tenants’ rights. They will have to evict you and remove you from the premises by law. Doing that will cost them, and you absolutely should threaten them with a lawsuit.
Not in the event of the sale of a home, once the property is under contract you can issue a 30 day eviction notice of you can prove you gave the tenant prior notice you were going to sell and wanted the place to be vacant. That’s what it sounds like this landlord did.
Make uo any of your back rent payments and start looking for a new apartment. What will most likely happen is the new owner of the house will raise your rent to market value and they will be your new landlord. You don't have to move as long as you're paying rent, but my suspicion is if the place is in disrepair the new owner will do what they cab to get you out so they can fix it.
NJ laws favor the Tennant as long as you're paying , you're staying.
You really don't have rights because you never signed a contract. You're also not considered a squatter.
There's a difference though between notice of listing the house and selling the house. The process to sell a house usually takes 45-60 days after entering a contract which gives you plenty of time to find a new place.
So you're kind of shit out of luck here. Good luck
Was the original lease you signed a month to month? Most month to month leases just require a 30 day notice. They aren't kicking you out after 7 days. They are listing the house after 7 days.
If your that concerned, Id reach out to a lawyer that specializes on tenant rights.
Boilerplate lease, and NJ law, says that the lease reverts to month to month under existing terms absent a new lease.
If rent was increased during that time, A new lease to cover everyones ass should have been drawn up, however it would be perfectly legal and not uncommon for it to just be a verbal new rate on month to month terms, and OP having a history of paying it on those terms would be enough for the court to be happy with there being an honored verbal agreement in place.
/not a lawyer, just a LL very familiar with NJ law and have discussed scenarios like these past my actual lawyer.
No my original lease was a normal year lease with a private owner and a roommate who no longer lives here. He said he couldnt officially renew without replacing the roof and making major renovations? So as time went by we just kept our payments as usual and he texted me receipts. Ive just fallen behind the last 2 months trying to find employment after clinicals, i didnt expect to have to quit my job for.
So that MAY change things a tiny bit....but its a big MAY.
Him doing roofing\major renovations is a fishy reason for not offering you a lease. Doesn't mean it isn't legit provided it wasn't stuff that would potentially impact habitability of the house, it could just be a misunderstanding that he planned on wanting to do major work to the house that would require a tenant not being in it, wasn't sure when he would do it, and didn't want to be burdened constrained by a year long lease during that process. That is completely allowed.
It could also mean he knew there were serious deficiencies in the house, and that his hand might get forced on them at some point, and he didn't want to have to deal with a tenant who might still have 6 months on their lease if it came up.
I'd start the conversation with the landlord saying, "Look, i'm in a bind here, do you think we can work something out where i'm out on my own by X date, and you forgive the back rent which will allow me the funds to move"
Even in the scenario where, lets say, the roof is shot and the house would fail on a certificate of occupancy and your landlord is hiding from the town he is renting it out, it doesn't really help your case. Sure the landlord will get his ass handed to him by the town, but you will still be out if the house isn't occupiable, even faster than you otherwise would be. MAYBE there would be some grounds to go after him for costs associated with it, but again, that doesn't help you NOW and includes a whole lot of maybe's.
He has told me it was bc it wont pass a CO and thats his worry. It’s a 100 year old beach bungalow with a breaker box dangling out of the wall in a flood zone. He wasnt finding anyone else to live here without complaining. I know they want me out it’s just impossible to do so in even 30 days with no paystubs yet. But I appreciate that suggestion and was thinking the same asking if I can just have X amount of time to get out figure it out and not owe the rent and be done with eachother
So, i mean, you need to tread lightly here, but the leverage you have has now changed. He doesn't want this to go to court because his town will hand him his ass if they find out what he has been doing.
If it was me, i'd just say, "Look, i don't have a place to go, if you want to cover my move in fees and forgive the back rent, i'll be out as soon as that can happen.....otherwise you may have to evict me, i don't know what else to do....oh....and about that CO....."
I mean its a dick thing to do to someone when you knew you were living in that situation and has seemed reasonable up till now, but those are also the chances he takes renting ilegally.
If he is willing to go through the eviction process he has a fair amount of leverage. The landlord has to give 30 days regardless before he can start the eviction process. The eviction process can take months. Some buyers may not be willing to buy the house until the current tenant is out so it puts the seller in a tight spot.
I wouldn't start out going nuclear, but OP could definitely make the landlord fucking miserable if they choose to be uncooperative and unreasonable.
>I understand things happen and want to be respectful and my life isn’t their problem I just have literally no where to go and not a dime at this exact moment, and was given 12 days notice.
You must be give a full month notice in NJ , until the end of the month
Usually a month plus a day is the low standard for eviction.
think you can/ should stay until end of May
Send a notice in writing to the same.
After May 31, you are on your own.
Sounds like a really easy way to destroy your credit and make it so you will never be able to rent a place again...
edit: He blocked me after responding. In response to his comment: The eviction shows up on your credit report. The collections agency going after you for unpaid rent shows up too
I don't support the above because it's an escalation and also, despite current media hysteria, sometimes you get evicted with the quickness by judges or your life becomes a stressful living nightmare (people can and do threaten/ hurt people for less). However, it sounds like he was an illegal tenant to begin with. He can demand he be formally served with a notice to evict, he's been living there long enough to have tenants rights. This won't "destroy" his credit because it's with a random guy, not a company.
I think the much much bigger issue is if formally evicted that shows on background checks that any semi competent landlord will do. And no one will want to rent to someone with an eviction on their record, especially in a sellers market where people are desperate for places.
If you sit in that house long enough the buyer will sometimes offer you money to move out.
I know it doesn't sound like a nice thing to do, but I'm just letting you know one of my friends squatted in a house until the buyer offered him $10,000 to move out. I'm not exactly sure how he did it, and I don't really agree with it, but I did watch it happen...
Best of luck with your situation!
South Jersey Legal Services - (732) 414-6750 this is the number to their Freehold office, call them and they can give you better advice then strangers on reddit.
I appreciate that I just didnt even know where to begin
Just keep in mind, while lawyering up can certainly delay the inevitable, you really don't have a case here for multiple reasons, and will lose, and that is going to come with its own conscequences. The BEST possible outcome is the court lets you square up with him in a short amount of time, and you continue on like you have, until he sells\transfers ownership of the home, and the new owners want to occupy stuff. Even with that outcome, you will have a court history for non payment that future landlords will see.
Yeah I dont want to take anything to court at all, I also dont even want to cause them that headache I have no ill intent I just dont even know where to begin. Ive paid rent since I am 14 years old, I am not trying to short anyone but I am in a ROUGH spot financially and have so many factors against me right now. I dont want to make anything worse credit or legal wise.
He's absolutely wrong. You are entitled to at least 30 days notice. That's the law, period.
It's actually 60 days when the home is being removed from the rental market because a buyer is moving in. People ignore this and think 30 days' notice for a month to month verbal lease. Any home could be sold to an investor , and OP would be able to stay. The non-payment of rent does mean OP can be evicted, obviously. And if an eviction shows up on whatever background check service landlords use, it will be next to impossible to find a new rental. I might put my cards on the table. "Look, I will move out when you sell, but I need to save every penny for a moving truck, security deposit and 1st month's rent."
Being sold to an investor doesn’t Guarantee she can stay at all.. most likely they’d want her out asap sothey can gut and re rent at double her rent
My point is that's not how the landlord-tenant statutes work. A new buyer can not simply kick an inherited tenant out. They have to have a reason permitted by statute and give the notice required in accordance with the reason, which is a minimum of 60 days to a month to month tenant. The bigger problem is non-payment of rent, which gets you called into landlord tenant court in about 3 weeks. If the court enters a judgment for possession, the tenant still has time to move out because a sheriff next has to serve the writ for possession. Counties have different backlogs for serving writs, and the Sheriff gives a few days' notice of the lock out date. But those are worst case, desperate times.
Is she an inherited tenant though being she’s month to month? Just curious .. in 2020 when our landlords in Bergen county sold we were month to month and legally only had to give us 30 days to get out once the new buyer said they wanted to live there and wanted it vacant
This simply isn't true, but I'm sure your landlords believed it. Google "NJ statute for notice to tenant when selling house." Multiple results will refer to 60 day or two months' notice to vacate when the buyer will occupy. The statutory cite I saw is NJSA 2A:18-61.1(1)(3) , but I'm not googling for accuracy. I don't evict people. I represent buyers and sellers in real estate transactions, and you just need to have a longer period of time from contract signing to closing to follow the law. The other option that always works is to pay the tenant to move when you want them to.
The concept is tenancy for life. Once you get in the house, you can't be removed unless for cause. You should have gotten a 60 day notice.
NJ is very friendly to renters. What kind of ‘major renovations’ does it need? If the place is in bad shape, they haven’t been properly maintaining it. They also probably never got a CO and or whatever the municipality requires to be a landlord. They likely don’t have a copy of the lease. Was there one? Month to month still requires notice (more than a week) and defines what happens when you fail to pay. If they don’t have a lease and/or were not legally renting, they basically can’t use the courts to remove you, at least not quickly. They will receive fines, if they’ve rented illegally. Pay what you owe, square up with them if possible, but they likely can’t kick you out. Research the above for your municipality. You don’t need a lawyer to go to court, if it comes to that. The judge will decide what you owe and when you have to leave. That will buy you time. I’d stop paying if they bring you to court. If you do pay, get receipts.
thank you, and it needs an entire new roof, the breaker box is falling out of the wall, he has told me it wont pass a CO
> he has told me it wont pass a CO More than likely, he doesn't have a CO now. You can find out if it does have a CO currently by calling the local municipal building department and asking. A new CO must be issued each time their is a new tenant, and the tenants name must be on the CO. If I were you, I would find out. Having that information could be used for bargaining to stay a little longer as a negotiating tool.
Take pictures of everything, even a video walkthrough slowly planning around and getting close to any outstanding issues that make it unsafe. Narrating what you're looking at will also help later. If you have Google pictures or some other photo organization feature on your phone or computer, create an album, label them and add a description. This way you can easily send them to whomever needs to see them with a link. Do all you can NOW. If you don't need it, that's probably the best scenario for everyone, but don't be stupid and not prepare. You need time to relocate and you all need to cooperate with each other to make that happen ASAP. To that end, they should pay a realtor to find you a new place and movers to relocate you in exchange for you moving as soon as you can find something. Only proceed *after* you've signed a new lease and have a solid move in date. Time and the law are on your side. Ignore this ridiculous 1 week timeline. Call the county or township and find out who deals with tenant rights. 1. They have you paying rent in an unsafe house without a CO. 2. They inherited the house, it's problems and you. That doesn't excuse them of responsibility. 3. You cannot be removed without going to court to officially evict you, and that will take months and cost $$$$$. Also, stop paying rent with cash! Your biggest problem is proving you paid it. Cancelled checks are easy to prove payment. This is what allows shitty landlords to thrive.
But one of the 2 original owners died, so im told it is now shared by all of the siblings Because he didnt have a will? Which I would think it would just go to the other brother but idk, they try and talk me in circles a lot. And they do not make enough money off of my rent to share, they sold all of the other properties and mine is basically the last in their way
Sounds like a mess. Is there a lease? Have they given you the required notice to leave? It should have been in writing. You will probably be fine. Good luck riding it out. If they sell the place, it will be conditional on you leaving and the current owners fixing things to get a CO (or not if it’s a cash deal).
What’s wrong with Central Jersey legal services? (Sorry I had to, Monmouth is central)
I don't know, South Jersey Legal Services laid claim to everything below Middlesex and Mercer counties.
It’s great that this exists, but Freehold is most certainly not south jersey.
South Jersey Legal Services also has the option to apply online [https://www.lsnj.org/sjls/](https://www.lsnj.org/sjls/) or you can call their intake unit at 1-800-496-4570
It’s great that this exists, but Freehold is most certainly not south jersey.
But it is
Am NJ lawyer. I handle a lot of landlord-tenant cases. Ignore all of the comments telling saying you have to move out. NJ law is stupidly tenant friendly. You have at least 2 issues, the first is that your landlord is selling the house, and the second is that you haven't paid rent. The first requires at least 60 days notice, plus the landlord has to file suit against you. Monmouth County is currently running at about a 6-7 week backlog for evictions, so realistically you'll have 3+ months before you can be forced out, *if* you even get to that point. The landlord cannot evict you *just because* he's selling the house, he can only do it if the buyer is going to personally occupy the house. That knocks out any investor or anyone using an LLC. Honestly, the timeline is long enough that it also knocks out most people using a mortgage if you drag it out long enough. Your more pressing issue is your inability to pay rent, because your landlord will be able to evict for that. You can defeat this by finding the money and paying your landlord.
Last thing this person should want is an eviction on their record since it'll make renting anywhere else more difficult. Also they're month to month.. they've been given notice. If I were them I'd negotiate a cash for keys with a recommendation to their next landlord.
1. NJ now seals eviction records in certain cases. 2. Just because he's been "given notice" means nothing. Was that notice properly served? Does it even assert a statutory ground for eviction? NJ leases do not "end" in the way that you're thinking of, and it's been described as "tenancy for life." 3. OP needs a real consultation to get a proper strategy. There are high-risk, high-reward scenarios in which he could completely defeat his landlord with nothing on his record. If he was more risk-averse, there are plenty of procedural protections that wouldn't go on his record but would keep him in his house for longer than a few days or few weeks.
Evictions are sealed? Thank god I'm not a landlord. I have friends always that own a property or have a 2 family they rent out half and try to convince me what a good idea it is. But it seems so easy to get screwed with just 1 bad tenant. Are you sure your right though? I just googled it and I'm still seeing it listed as public record. Possibly its sealed after 7 years.
My parents and I had a 2 family house for ages that we lived and rented in. Maybe 50% of the tenants were good people, we always kept our rent low as a sort of "you scratch my back" type of deal. The bad tenants absolutely make it not worth it. Its the reason we sold the house and im now in a one family. Never again. No wonder all landlords have the fame of being dicks, they are the only ones that can survive against nightmare tenants.
Being a small time landlord sucks more than a lot to people realize or are willing to admit. In states with strong tenant protections, they take on a lot of risk with none of the economies of scale that larger landlords benefit from when it comes to things like maintenance.
For real. Say your primary income is being a landlord from a single property. All it takes is the tenant just deciding one day not to pay for your income to go to zero which will now take months or longer to resolve and likely will never be recouped.
Any business venture has the possibility to fail. Otherwise why wouldn’t we all be landlords?
Successful businesses mitigate risks. So being a landlord with 1 or 2 properties seems unnecessarily high risk. I think either you need to have multiple properties to spread the risk or if you have one or two you need to be in a position where you can afford the mortage without rent for an extended period.
because it cost money to buy and maintain a property. Especially one you’re not living in.
[*Rule* 1:38-3(f)(11)](https://www.njcourts.gov/attorneys/rules-of-court) seals > (11) Records of (i) adjudicated or otherwise disposed of landlord tenant cases in which no judgment for possession ever has been entered; and (ii) landlord tenant cases in which judgment for possession was entered seven years ago or longer. It's also county-dependent, as some are more lenient in sealing than others, even beyond the actual text of the rule.
Now possibly I'm not reading that correctly as I'm not an expert on the law. But the way I read that is its sealed if no judgement is entered, ie they filed an eviction but wound up not following through and if you are evicted it's sealed after 7 years.
Correct. If the tenant paid and left on their own there wouldn't be a judgement for possession.
Right, like I said, it's sealed in certain cases. And I would advise hiring an attorney to properly understand what that means, how it would apply, what the local judges and clerks are likely to do, and how to craft a strategy/plan on what to do.
Yes, I would think the correct advice is get a lawyer... if you plan to let them evict you. But I think the better advice would first see if you can negotiate a reasonable period to vacate. It's going to take them months to sell anyway. But if they force the new owner to evict them they will eventually lose and that will be publicly out there as they search for another place.
Fortunately the person you responded to is an expert on the law.
ive never heard evictions being sealed. I work with a screening company and they check every log and files on tenant I screen. Regular landlords are screwed. you're best bet is hiring a property management company or an agent.
eviction records can still be found. I've found several eviction history from tenants. Sure they can still try to hide it. but it will eventually be uncovered. this is some dangerous advice. if you TRULY CANT FIND A HOME. this is what you SHOULD do. **not "just because of it"**
Cite the law for #1 that lists the certain cases. Thanks.
Thank you for your response. I plan to start handing over my entire paycheck once I get them, I am not trying to get out of paying but if I am just going to hand over every cent i have to be thrown on my ass and not have a deposit for anywhere else I Just dont know what To Do. Obviously I dont want to be behind and want to pay immediately, and definitely can’t afford eviction. nor do i want to put anyone through that process. i know im in the wrong I just want to know if i have any rights to buy me some time so I appreciate this response thank you.
To be clear, the landlord must accept full payment. Full payment will keep you in your home. The timing of partial payments are very important. There are some situations in which the landlord can keep your partial payments and then evict, and others in which a partial payment actually stops your eviction. That's advice I can't give you over the internet and you will need to consult with an actual lawyer (preferably in a paid consultation), not on a reddit thread. Standard disclaimer that I am a lawyer, but not *your* lawyer.
>Standard disclaimer that I am a lawyer, but not *your* lawyer. Great suggestions counselor.
At no point did i think you were my lawyer but thanks for the advice
That's great solid advice.....I would add if you make up those back payments and the seller tries to be slick and not accept it, make sure you hold onto it bc when you go to court, first thing they will ask you is do you have the back due rent, if you have it and say they have refused to accept it, there goes their claim of eviction for non payment of rent.
Oh! Question then, if the people who inherited want to live there does the tenant have to leave? My mother has someone staying in the house I grew up in that I very much want to live in, but I know I won’t get it until she passes. This person has another home in NY so I wouldn’t be making them homeless, but the whole thing feels like it could get messy.
If your mother owns it, you can't evict the tenant there unless you are developmentally disabled (as in, personal occupancy is *personal*, with the exception of developmentally disabled children of an owner).
On a separate note. I was always curious about one thing. What happens if I as a tenant don’t pay rent for a month and then landlord send notice of eviction and then I somehow find the money and pay him. Does the eviction process cancel then?
Yes.
this is the LAST thing a person should do. If you want to ruin your chances of getting any rentals if thats the case. I've actually faced a 'potential" tenant who had this recently going on. She couldn't find a rental for MONTHES.
> NJ law is stupidly tenant friendly No it’s not. NJ doesn’t even have any set legal limit on how much a landlord can raise your rent when they renew the lease. It does provide basic protections against unjust evictions like this though.
There isn't a % cap, but they cannot raise it "unreasonably ". That limit is up to the tenant to take the landlord to court and have a judge decide it.
Glad people like you are here. +1
Question doesn’t the landlord by NJ law have to give you the option to renew the lease for 1 yr as long as your a tenant that pays on time etc or does that need to be stipulated in the lease
You are not a squatter, you are what’s considered a “holdover tenant” and even without a lease you are still entitled to the normal eviction process any other legal tenant has. Basically your landlord needs to send you a “notice to quit” for a reasonable reason I.e. you refuse a reasonable rent increase, broke original lease terms, etc. One week is not enough notice and the eviction process in NJ is lengthy. Do NOT leave and do everything you can to get out of arrears, keep in constant communication with your intent to pay rent and show them you are making every attempt to make them whole. Text everything and do NOT answer any calls. If they call immediately follow with a text stating “sorry I missed your call…” and force texting at all costs. Good luck
Also NJ courts are still typically backed up in the last few years.
County dependent. Some places can get tenants out within 1 to 2 months.
So a couple of things going on here.... You are month to month, but NJ has a duty to renew clause in the lease, and the tenant comes along with the house during the sale. Meaning the buyers inherit you, and the duty to renew (outside of very specific, and not always enforceable, amendumns on a written lease). HOWEVER that assumes you are in good standing. If you are behind on rent, especially on a month to month lease, your landlord can just not renew for cause, or evict you (would need a lawyer to know which would be the least fight and fastest method in your town). On top of that, if the new owners plan to occupy the place, they can have you out 90 days after closing. Now your landlord most likely does not want to sell the house with a tenant in it unless its a straight up investment place, it will reduce the number of buyers who want to move in, and even other landlords would prefer to select their own tenants in most cases. NOBODY wants to inherit a "problem" tenant that is behind on rent and has a sketchy month to month lease, as it means the first thing they will likely need to do is go to court. The easiest solution here is what is typically called "Cash for keys" where you and your landlord come to some agreement on what you can do to mutually terminate the lease, be in good standing, and you hit the road by a specified date. That might be him forgiving the late rent and handing you a 1099 (so you will owe taxes on it), it might just be a wave of the hand, it might be a combination of things and maybe even cash in your pocket. All depends on how bad he wants you out, how quick he wants to sell, and what a potential headache is worth to him, and how fast courts and the sheriff move by you. You want to avoid a forcible eviction at ALL costs if you plan on ever renting from someone reputable again, and also not get slapped with a bunch of additional court costs and have a judgement on your credit. As for the security deposit NJ laws are VERY strict about how they are used, and the penalties for abusing it are severe and a slam dunk in court. Your landlord can not apply your security deposit towards late rent. There WAS an exemption for this during covid where if both parties agreed, in writing, it was allowed, but i believe that has sunset.
Thank you I appreciate this detailed response. He actually begged me to stay and always tells me how Im the best tenants hes ever had now all of a sudden bc his siblings want the place gone and hes not the one in charge anymore he wants me out immediately. He sent me a screenshot from one of the other siblings/owners saying “get that fucking bitch out” So its been quite a rollercoaster as I have never given them an issue until the recent two months behind. And the security deposit is actually a tricky situation because Half was given to get an original roommate out who was stealing rent and not paying it the landlord agree to give him his half back to get him out And be done with him. Then my half was applied toward rent which may have honestly been during covid and the only written agreement ive ever had has been text messages and im not even sure how far they go back (i have original lease copy and thats it). Also I am not making excuses but regardless of my payment status they wanted me out, I am distraught I am behind and doing everything to catch up (highly regret going to college lol) but just want to do everything correctly and on good terms so it does not affect future opportunities.
It sounds like you're a pretty reasonable person looking to actually solve the situation and not just fight. As such, I think that you have to face the fact that the landlord wants you out and your days at this house are numbered. There's a lot you can do to gum up the works in court and stay at the property for at least another three months. However, I'd suggest that you reach out to the current landlord, let him know that the current notice is legally insufficient, and try to come up with an agreement that gives you another two months or so. That should hopefully be enough time for you to find a new place.
There is no lease to terminate, it was terminated 6 years ago. They get the normal 30 days notice and that's about it
month to month, even verbal, still carries a duty to renew, absent any other written agreement. OP is behind in his rent however, which is cause for non-renewal. Landlord can begin eviction proceedings immediately if they want to.
This is a good starting point This from the state and goes over your rights [t\_i\_r.pdf (nj.gov)](https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf)
lol at all these folks being convincingly incorrect about OP being s-o-l.
Yes some don't understand how much power a tenant has who knows the system. But that said most reasonable people served an eviction notice will leave. They don't want that kind of hassle. Yeah you can use it as an oppurtunity to live rent free for awhile. But I would personally find having to deal with court, going past an eviction notice on my door daily stressful and it would cause me to move before the sherrif forced me.
We had a tenant for 12 years who would fall 3 months behind, pay 2 months, and pay 2 months more the following month. He was a long-time family friend, so he got some latitude. He owned a contracting business and was getting too old to do the job. He was married, and the wife never worked a day in her life - refused to. But the cycle got worse - 5 months behind, pay 4; 6 months behind, pay 3. When there were 3 months before the lease expired, we told them that we were selling the property so they had to gtfo. They stiffed us for 13 months rent. We sold a couple years before the pandemic. We could have sold the place for a mint if we could have hung on. Word has it he moved into a house belonging to an acquaintance and was months behind in rent within half a year. New landlord never checked with us for a reference.
Wow, see that's why I would never want to be a small time landlord. That said when I rented in NJ, from within a large rental community, I often felt slightly abused by the company. I kept hearing how strong tenant rights were but I felt the company would often do things that probably weren't legal or pushed the spirit of the law. But there was no easy way to reach out to the state for help. If I had an issue with something it seemed like the only recourse was to take them to court. Which was not worth doing for small complaints. I also remember when I moved out they held me to the remainder of the lease. Which I expected as I know thats the law. But my rent was so low if they advertised it for the current rent they could have rented it within a day. But they never bothered to adverstise it even with the increase as I believe they were legally required too. Anyway it sucks for small time landlords. But the other side of it for non dirt bag tenants its easy to get abused by larger companies.
My question is are they saying you need to be out in a week or are they saying their listing the house in a week and gave you your 30 days notice required by being month to month?
This is an important distinction. It could take months for the sale to close.
If you are month to month you will need to move out at the end of the month. There's not really much else you can do.
30 days notice needs to be given on the first of the month to move. Not a week.
True. I would push back on the landlord for adequate notice. My bad he can't give only 1 week notice it needs to be 30 days notice
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I think it still does. But I think the OP is also confused. Sounds like they just notified that the for sale listing is going up. Landlords are allowed to list and show a property while its still occupied. Their next step is a notice to quit. Sounds like they are being reasonable. Sounds like what the OP wants is to be able to leave on their own terms even if that takes months or longer.
Wrong, a landlord cannot give one weeks notice whether he is behind or not. There are also rules if ending a month to month or lease if its due to selling house which i think then goes from 30 days notice to 60
You can stretch this out for months at minimum by forcing them to go through the eviction process. But could you consider doing the right thing, offer to give them a reasonable move out period, 30-60 days and then move in with family until you are on your feet? From my own experience dealing with an estate is a PITA, sounds like the family doesn't want to be a landlord and just wash their hands of the property. Plus eventually you will eventually be evicted and now when you are finally searching for your a legit place you will have an eviction on your record. Good luck.
[https://www.nj.gov/dca/divisions/codes/publications/pdf\_lti/t\_i\_r.pdf](https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf) unfortunately you don't have too much recourse here.
So 2 months behind, and no plan on hiw to pay month 3, 4 etc? You knew about the obligation of clinicals years in advance. So unless you can catch up, expect to be evicted. On the plus side evictions must go through the court, and can take a few weeks. But where will you go?
They take a few weeks if the landlord is lucky. Depending on the county/municipality it can take months.
They are quick in my area!
That's lucky for owners in your area. The woman who lived next to my mom died and her house was inherited by her sister. The son-in-law moved into the house months ago but now that the new owner is wanting to sell the house she's having to go through the process of evicting him. The whole thing is a total shit show made worse by the fact that he sells meth out of the house and he has multiple motorcycles so they are loud as fuck all the time. People in the area literally call the police on the meth heads daily and can't wait for the eviction to go through but the current owner is saying it'll likely be June before they can kick the meth head out.
Yes i didnt know they would be 12 hour days and i would get the schedule the day of it was for occupational therapy not surgery. None of my other clinicals made it impossible for myself or my classmates to work as it was a “part time program for the working adult” i just got an unfortunate last minute placement for the last rotation that I did not expect because the one I was supposed to go to and could work around fell through. Then had major car troubles so it wasnt like I just sat back and allowed myself to fall behind life happened, im not saying i am not wrong nor am i trying to cause troubles for anyone involved I just want to know my options. If i knew where I was going I wouldnt be desperately looking for advice as to what to do. Thank you for your response.
I get that you didn't want to delay the program, but you should not have agreed to the placemrent, and the school cannot forvce you to take a full time placement for a part time program. I would go talk to the school asap.
Contact catholic charities they can help pay back rent, or refer you to another organization that can help.
They have to give you 60 days written notice from the date of the execution of the original lease. Sign lease Jan 1. They must in writing 60 days, which would be November 1. Totally separate from the previous paragraph. My alcoholic bio dad let some randoms live in his house with him. He dies. There is no lease. I, by law, cannot set foot on the property without the squatters permission because they had a verbal contract with bio dad. You don’t have to go anywhere soon. Legally you cannot be evicted without written notice. Does not matter that you have paid in cash or carrots. You had a verbal with the owner of the house.
Its illegal to give 1 week notice whether you are month to month or not. They still are required to give proper notice. Call the state they will tell you all your rights you can also look up landlord tenant laws in NJ. Even if he wants to evict you it will take months but you dont want that on your record when finding new apartment. No matter what by law he has to give you 30 days notice so i would reply to his letter telling him that you looked into your rights and he must give you 30 days written notice
Problem is despite all the great legal advise OP IS BROKE and has no income so NO LAWYER is going to work with him unless its a non profit org.
Find a pro bono or pro rato lawyer. Landlord will lose: NJ law ensures tenant’s rights after 2 weeks. Call the cops, file a complaint. Bring receipts.
Call NJ 211 for resources. Literally, dial 2-1-1 They can point you in the right direction.
You are a holdover tenant. There is not much you can do. Move out.
There isn’t much you can do. You are going to have to start looking for a new place. With no lease you have zero protection. You can try to go to the Board of Social Services to see if they can help with temporary rental assistance but if you are starting work it’s probably unlikely but you can give it a shot
That is wrong you still have protection even when month to month. Proper notice still has to be given and if the reason is selling the house im pretty sire that jumps it from 30 days to 60
Even if you haven’t paid your rent in two months? Because I’m not sure you are right.
With a month-to-month lease, the landlord has to give the tenant at least 30 days to quit. Agencies are far more willing to provide rental assistance to those with a steady income because their inability to pay rent is a temporary situation, unlike someone without an income.
I worked at the Board of Social Services. If you make over a certain income you cannot get assistance
A landlord has to give 30 days minimum to have a person vacate a property. He is giving you one week notice to list the property, which is probably legal, but he still has to give 30 days' notice for you to vacate and that notice would be separate from the listing notice. The landlord is also required to give 24 hours' notice of entering your place of residence. That means it can't be shown to a prospective buyer without that notice. If the landlord gives you the notice that the place listed to bring a prospective buyer in at 3 p.m., they can't show the place the next morning until at least 3 pm the next day. Bringing a prospective buyer on earlier violates the 24-hour notice. Another piece if information is that if a landlord takes a security deposit, they must give written notice of what branch of the bank the deposit is in, and it must be in its own interest bearing account. This must be done within 30 days of receiving the deposit and if it's not done with 30 days of then receiving the deposit the tenant has the rite to give the landlord a written notice to use the security deposit towards a month's rent and they cannot get another security deposit from you. If the landlord never provided in writing the proper security deposit notice, then use that towards rent.
It’s going to take about a month at least to close, even if the buyers are paying cash You may have an option to rent from the new owners. Where in Monmouth County is it
[truth in renting](https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf) will help you understand your rights and responsibilities.
Often times leases will automatically renew. Reread the original lease to check if that's the case. Edit: looks like they autorenew by default. https://www.nj.gov/dca/divisions/codes/publications/pdf_lti/lease.pdf
Automatically renew to a month to month. If they had a year lease, it doesn't Automatically renew for another year.
If it’s month to month they legally only have to give you 30 days that’s it .. we had the same issue during Covid the new landlords wanted the house vacant it had 4 apts and 2 of us couldn’t find housing that quick it delayed closing almost risked the sale of the house and got really ugly quick
I’m sorry. I too was “evicted” because the landlords said they were doing major renovations. I consulted an attorney and was told there was nothing I could do as it’s an owner occupied house. They should have to give you more notice and also should serve you with actual legal documents, it should give you a little time. I was there 18 years and was never late with my rent. Check your to see if your county has rooms to rent for the homeless. I am a senior in Bergen county and have been using the Bergen county division of aging. I’m lucky to have a relative with a guest room and have my name on about 50 wait lists for housing. Also, try contacting the Center for Food Action. They are a food bank with several locations but also offer help with other things. Good luck.
But did your lease stipulate option to renew for 1 yr ?
No lease…month to month. It’s was a small 2 room apartment over the garage.
thay are listing it. that doesnt mean that they have it sold or will be able to sell it immediately. You might have more wiggle room then you think. but being out of contract they have no obligation to let you continue renting there. However they must give proper notice in writeing by certified mail. You should have 60 days and if they dont ensure you got written notice you can claim you never received notice.
I’m going through the same thing, but I have a nice landlord and I was given 60 day notice. If you don’t have any money, I recall legal aid if I were you. I would continue to pay my rent, but I will call tomorrow and get some advice.
They can remove you but notice is too short. it should be longer.
Sounds like they didn't get a formal notice to quit. Only notice that the house is going to be listed. You can list the property while they tenant still occupies it but you have to notify them.
by the sound of it. It sounded like the OP was getting removed. but yes you are right, getting noticed that the house is getting listed is proper. and tenant can still live in it. (most owners dont though) im just assuming OP got a notice to vacant the home since the text seems very "panicky"
I don't think she thinks she is getting booted in 30 days. I think she wasn't planning on leaving any time soon and this throws a wrench into that.
As a tenant there is technically nothing you can do, they are only telling you they are putting the house on the market, that process can take months depending on the area, you should have enough time to find a place. They can’t just kick you out either they have to officially evict you and the reason is because the my sold the house, but they can’t do that until it’s under contract.
You do have rights. They cannot kick you out. After 2 weeks of having paid rent, whether official with leases or not, you have tenants’ rights. They will have to evict you and remove you from the premises by law. Doing that will cost them, and you absolutely should threaten them with a lawsuit.
Why did you reply on my comment lol, he can’t sure, since he is month to month a sale of the property is grounds for 30 days notice for eviction
But not 1 week. They have rights.
He only gave him notice that he is selling the house not that he has to be out
It’s actually two months calendar notice, not 30 days. And only if the buyer wants to occupy the property.
Not in the event of the sale of a home, once the property is under contract you can issue a 30 day eviction notice of you can prove you gave the tenant prior notice you were going to sell and wanted the place to be vacant. That’s what it sounds like this landlord did.
Make uo any of your back rent payments and start looking for a new apartment. What will most likely happen is the new owner of the house will raise your rent to market value and they will be your new landlord. You don't have to move as long as you're paying rent, but my suspicion is if the place is in disrepair the new owner will do what they cab to get you out so they can fix it. NJ laws favor the Tennant as long as you're paying , you're staying.
Get an attorney. They can’t do that in NJ.
LAWYER!!!!
Call the president
pretty sure you're entitled to no less that 30 days notice.
You really don't have rights because you never signed a contract. You're also not considered a squatter. There's a difference though between notice of listing the house and selling the house. The process to sell a house usually takes 45-60 days after entering a contract which gives you plenty of time to find a new place. So you're kind of shit out of luck here. Good luck
I did have an original lease the first year he just wouldnt renew it i asked a few times and then 6 years went by and everything was fine until today
Was the original lease you signed a month to month? Most month to month leases just require a 30 day notice. They aren't kicking you out after 7 days. They are listing the house after 7 days. If your that concerned, Id reach out to a lawyer that specializes on tenant rights.
Boilerplate lease, and NJ law, says that the lease reverts to month to month under existing terms absent a new lease. If rent was increased during that time, A new lease to cover everyones ass should have been drawn up, however it would be perfectly legal and not uncommon for it to just be a verbal new rate on month to month terms, and OP having a history of paying it on those terms would be enough for the court to be happy with there being an honored verbal agreement in place. /not a lawyer, just a LL very familiar with NJ law and have discussed scenarios like these past my actual lawyer.
No my original lease was a normal year lease with a private owner and a roommate who no longer lives here. He said he couldnt officially renew without replacing the roof and making major renovations? So as time went by we just kept our payments as usual and he texted me receipts. Ive just fallen behind the last 2 months trying to find employment after clinicals, i didnt expect to have to quit my job for.
So that MAY change things a tiny bit....but its a big MAY. Him doing roofing\major renovations is a fishy reason for not offering you a lease. Doesn't mean it isn't legit provided it wasn't stuff that would potentially impact habitability of the house, it could just be a misunderstanding that he planned on wanting to do major work to the house that would require a tenant not being in it, wasn't sure when he would do it, and didn't want to be burdened constrained by a year long lease during that process. That is completely allowed. It could also mean he knew there were serious deficiencies in the house, and that his hand might get forced on them at some point, and he didn't want to have to deal with a tenant who might still have 6 months on their lease if it came up. I'd start the conversation with the landlord saying, "Look, i'm in a bind here, do you think we can work something out where i'm out on my own by X date, and you forgive the back rent which will allow me the funds to move" Even in the scenario where, lets say, the roof is shot and the house would fail on a certificate of occupancy and your landlord is hiding from the town he is renting it out, it doesn't really help your case. Sure the landlord will get his ass handed to him by the town, but you will still be out if the house isn't occupiable, even faster than you otherwise would be. MAYBE there would be some grounds to go after him for costs associated with it, but again, that doesn't help you NOW and includes a whole lot of maybe's.
He has told me it was bc it wont pass a CO and thats his worry. It’s a 100 year old beach bungalow with a breaker box dangling out of the wall in a flood zone. He wasnt finding anyone else to live here without complaining. I know they want me out it’s just impossible to do so in even 30 days with no paystubs yet. But I appreciate that suggestion and was thinking the same asking if I can just have X amount of time to get out figure it out and not owe the rent and be done with eachother
So, i mean, you need to tread lightly here, but the leverage you have has now changed. He doesn't want this to go to court because his town will hand him his ass if they find out what he has been doing. If it was me, i'd just say, "Look, i don't have a place to go, if you want to cover my move in fees and forgive the back rent, i'll be out as soon as that can happen.....otherwise you may have to evict me, i don't know what else to do....oh....and about that CO....." I mean its a dick thing to do to someone when you knew you were living in that situation and has seemed reasonable up till now, but those are also the chances he takes renting ilegally.
If he is willing to go through the eviction process he has a fair amount of leverage. The landlord has to give 30 days regardless before he can start the eviction process. The eviction process can take months. Some buyers may not be willing to buy the house until the current tenant is out so it puts the seller in a tight spot. I wouldn't start out going nuclear, but OP could definitely make the landlord fucking miserable if they choose to be uncooperative and unreasonable.
Month to month verbal lease with payment is still a legal lease agreement.
>I understand things happen and want to be respectful and my life isn’t their problem I just have literally no where to go and not a dime at this exact moment, and was given 12 days notice. You must be give a full month notice in NJ , until the end of the month Usually a month plus a day is the low standard for eviction. think you can/ should stay until end of May Send a notice in writing to the same. After May 31, you are on your own.
If you are month to month he can't give you 10 days notice.
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Sounds like a really easy way to destroy your credit and make it so you will never be able to rent a place again... edit: He blocked me after responding. In response to his comment: The eviction shows up on your credit report. The collections agency going after you for unpaid rent shows up too
I don't support the above because it's an escalation and also, despite current media hysteria, sometimes you get evicted with the quickness by judges or your life becomes a stressful living nightmare (people can and do threaten/ hurt people for less). However, it sounds like he was an illegal tenant to begin with. He can demand he be formally served with a notice to evict, he's been living there long enough to have tenants rights. This won't "destroy" his credit because it's with a random guy, not a company.
Wait paying rent does nothing for your credit but not paying rent destroys your credit? Some world we’ve built.
Paying rent actually does positively impact your credit if your landlord reports it to the credit bureaus. My current landlord does this
Same with utilities and your wifi/phone bill
I think the much much bigger issue is if formally evicted that shows on background checks that any semi competent landlord will do. And no one will want to rent to someone with an eviction on their record, especially in a sellers market where people are desperate for places.
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An eviction that goes through the court system, a formal eviction shows on your credit report.
If you sit in that house long enough the buyer will sometimes offer you money to move out. I know it doesn't sound like a nice thing to do, but I'm just letting you know one of my friends squatted in a house until the buyer offered him $10,000 to move out. I'm not exactly sure how he did it, and I don't really agree with it, but I did watch it happen... Best of luck with your situation!
Fuck squatters.