illegal apartment

[Ivanp12]

What is the name of your state (only U.S. law)? New Jersey
Because of excessive electric bills I went to electric co. to change electric to my name. I was told I live in an illegal apt. When I informed landlord she gave me 30 days to vacate premises. I do not have a money for a lawyer to stop her , how can I handle this on my own?,

[Equeen]

You need to move! An illegal apartment is just that illegal.

A 30 day notice is all that is required if you are on a MTM tenancy if you have a lease that's different but since the apartment is illegal your lease will not hold up for the LL. I think either way you slice it you need to move.

I do believe you deserve your security back if one was given, so I would suggest you notify your LL in writing that you plan to move on but make it clear the reason is because the apartment is illegal and you expect all security returned.

If the security is not returned in the state specified time frame you can sue. In some states you can sue for as much as 3 times the security deposit.

[FarmerJ]

Electric co say so is not enough, if you want to know if the structure is zoned for multi unit use call your city/ county govt center to learn if the home is listed as a SFH or a multi unit in its records! If it is not listed /recorded as a multi unit and they want to come out to see it LET THEM, elect co is not a govt agency so they do not have legit authority to end your lease.

[Equeen]

The last poster is right. I think I assumed it was illegal because of the LL's reaction.

But it would be smart to check it out yourself!

[Tayla]

How did you receive notice to vacate? Written, verbal? Usually the LL has to give reason as well for the service to vacate. Did you send them a 30 day notice of intent to vacate ?

[Ivanp12]

Originally Posted by Equeen

You need to move! An illegal apartment is just that illegal.

A 30 day notice is all that is required if you are on a MTM tenancy if you have a lease that's different but since the apartment is illegal your lease will not hold up for the LL. I think either way you slice it you need to move.

I do believe you deserve your security back if one was given, so I would suggest you notify your LL in writing that you plan to move on but make it clear the reason is because the apartment is illegal and you expect all security returned.

If the security is not returned in the state specified time frame you can sue. In some states you can sue for as much as 3 times the security deposit.

I am not moving anywhere! NJ has some of the best tenant laws on the books. If the apt is illegal I pay no rent and LL must evict me thru court system. I have a code enforcement inspector coming out to see apt and I have an appointment with lawyer today. I am positive apt is illegal. I did a lot of research on this because I am stressed out over situation and it does not help when people who have no facts or info give out misinformation.. I will keep updating situation for any one who is interested...

[E.Rodriguez]

Ok Sir, So what your saying is... Your not going anywhere?

Do you think the Judge is going to allow you to stay in an illegal apartment??? Really?

The LL does not have to give you a reason she wants you out in 30 days when it is a MTM. Then she can start the eviction. - she does have to put it in writing though..

You might not have to pay your rent... But you DO have to move. She probably wont even ask for the rent, if it is illegal, you have to move and she will have out of control fines and fee's and inability to rent it again, until it is to code. So out you go!

If Nj had the best LL Tenant laws in the country, the laws would be posted by the AG in a clear manor such as Ca's. Nj doesnt have an official booklet at all.

Good luck.

[Ivanp12]

Originally Posted by E.Rodriguez

Ok Sir, So what your saying is... Your not going anywhere?

Do you think the Judge is going to allow you to stay in an illegal apartment??? Really?

The LL does not have to give you a reason she wants you out in 30 days when it is a MTM. Then she can start the eviction. - she does have to put it in writing though..

You might not have to pay your rent... But you DO have to move. She probably wont even ask for the rent, if it is illegal, you have to move and she will have out of control fines and fee's and inability to rent it again, until it is to code. So out you go!

If Nj had the best LL Tenant laws in the country, the laws would be posted by the AG in a clear manor such as Ca's. Nj doesnt have an official booklet at all.

Good luck.

No a judge is going to make me move after LL files for me to vacate, but at her expense and she will be paying every step of the way.The laws are on the books, just need to look. The only way one can be evicted in NJ is by a court order and a sheriffs officer must do eviction (illegal for LL to do) with prior notice, In addition to living rent free my landlord has to give me relocation expenses 5 days before I move. LL made mistake not me. One cannot make money from an illegal act..... Trust me I am not gloating over this, I wish everything was on up and up. I like living here except for illegal part.

[Tayla]

again, its not determined yet if its illegal or not. So if the lease was written and signed by both parties, it remains active til deemed otherwise thru the courts and the aide of the county inspector notes.
It was asked of you to state how the Notice to Quit/Vacate was served by the LL?
Can you provide the links to this clear cut statutes or laws in place for New Jersey by which you seem to claim to be able to reside rent free?

The best I could find on the *booklet Level" is here:
[url]http://www.state.nj.us/dca/codes/lt/pdf/t_i_r.pdf[/url]

[Ivanp12]

Originally Posted by Tayla

again, its not determined yet if its illegal or not. So if the lease was written and signed by both parties, it remains active til deemed otherwise thru the courts and the aide of the county inspector notes.
It was asked of you to state how the Notice to Quit/Vacate was served by the LL?
Can you provide the links to this clear cut statutes or laws in place for New Jersey by which you seem to claim to be able to reside rent free?

The best I could find on the *booklet Level" is here:
[url]http://www.state.nj.us/dca/codes/lt/pdf/t_i_r.pdf[/url]

I am not a lawyer, so I will do my best to direct you to information [url]http://www.meislik.com/articles/illegal_apartment_owners_beware/[/url]
I also have a NJ Supreme Court decision of Kona Miah v. Shiraj Ahmed (A103) decided May 11, 2004
The case can be found at 179 N.J. 511, 846 A.2d 1244
Also LL sent me a typed, unsigned (typos and all) demanding I vacate premises by 15th. I hope this clears a little of confusion up.

[Equeen]

So you just want to stick it to the LL really good, why? Are you the kind of person that feels it is your place to teach her a lesson? Why would you stay in an illegal apartment where you know things are going to get tense and ugly?

What happened was wrong (if it all turns out the way you described it) we get it, it sucks and your mad. But by staying anywhere with no intention of paying your own rent you are showing yourself to be a deadbeat! And hey that's not what I thought when I read your first post. You sounded like a concerned guy who was caught in a bad situation & we offered advice (move) to help you deal with it the quickest and least painful way as possible for all parties involved. The only thing you stand to gain from handling this your way is free rent for a while, time wasted fighting & quite frankly that is exactly what a deadbeat would do, so is that you?

But you just can't be the bigger person in this bad situation you have to elevate it and make her pay!! You Go tough guy and I hope you sleep soundly tonight!

And just so you know, I am not sticking up for the LL. He/She will get what's coming now that the powers that be are involved. The right thing to do is to move on and chalk this up as a learning experience. Leave the teaching of lessons to those that are in that business! Life is too short & I suggest you spend your time making your’s better not worse!

[acmb05]

Originally Posted by Ivanp12

I am not a lawyer, so I will do my best to direct you to information [url=http://www.meislik.com/articles/illegal_apartment_owners_beware/]Illegal Apartment Owners Beware![/url]
I also have a NJ Supreme Court decision of Kona Miah v. Shiraj Ahmed (A103) decided May 11, 2004
The case can be found at 179 N.J. 511, 846 A.2d 1244
Also LL sent me a typed, unsigned (typos and all) demanding I vacate premises by 15th. I hope this clears a little of confusion up.

You are correct in that the landlord will have to pay you a sum of money if she has to evict you from an illegal apartment. However the landlord can start a seperate action against you for any past rents due. If the landlord pays what they are supposed to you will come out of this fairly well. You are going to probably have to take her to court for it because I don't see her just handing you six months worth of rent.

[acmb05]

Originally Posted by Equeen

So you just want to stick it to the LL really good, why? Are you the kind of person that feels it is your place to teach her a lesson? Why would you stay in an illegal apartment where you know things are going to get tense and ugly?

For the money. You don't honestly think the landlord would not stick it to the tenant if she could do you?

Originally Posted by Equeen

What happened was wrong (if it all turns out the way you described it) we get it, it sucks and your mad. But by staying anywhere with no intention of paying your own rent you are showing yourself to be a deadbeat! And hey that's not what I thought when I read your first post. You sounded like a concerned guy who was caught in a bad situation & we offered advice (move) to help you deal with it the quickest and least painful way as possible for all parties involved. The only thing you stand to gain from handling this your way is free rent for a while, time wasted fighting & quite frankly that is exactly what a deadbeat would do, so is that you?

If he move out then he would not be entitled to the 6 months worth of rent money from the landlord. I don't think he is being a dead beat at all. So you think because the landlord rented him an illegal apartment that he should have to bear the cost of moving again?

Originally Posted by Equeen

But you just can't be the bigger person in this bad situation you have to elevate it and make her pay!! You Go tough guy and I hope you sleep soundly tonight!

I would. Hell yes the landlord should pay. They rented an illegal apartment and now have to face the consequences of that. If he does not push it they will just re rent it again.

Originally Posted by Equeen

And just so you know, I am not sticking up for the LL. He/She will get what's coming now that the powers that be are involved. The right thing to do is to move on and chalk this up as a learning experience. Leave the teaching of lessons to those that are in that business! Life is too short & I suggest you spend your time making your’s better not worse!

I think the landlord needs a learning experience and if he presses it they will get one real fast. The landlord should be responsible for his moving expenses and he has the law on his side.

[Ivanp12]

Originally Posted by Equeen

So you just want to stick it to the LL really good, why? Are you the kind of person that feels it is your place to teach her a lesson? Why would you stay in an illegal apartment where you know things are going to get tense and ugly?

What happened was wrong (if it all turns out the way you described it) we get it, it sucks and your mad. But by staying anywhere with no intention of paying your own rent you are showing yourself to be a deadbeat! And hey that's not what I thought when I read your first post. You sounded like a concerned guy who was caught in a bad situation & we offered advice (move) to help you deal with it the quickest and least painful way as possible for all parties involved. The only thing you stand to gain from handling this your way is free rent for a while, time wasted fighting & quite frankly that is exactly what a deadbeat would do, so is that you?

But you just can't be the bigger person in this bad situation you have to elevate it and make her pay!! You Go tough guy and I hope you sleep soundly tonight!

And just so you know, I am not sticking up for the LL. He/She will get what's coming now that the powers that be are involved. The right thing to do is to move on and chalk this up as a learning experience. Leave the teaching of lessons to those that are in that business! Life is too short & I suggest you spend your time making your’s better not worse!

1,, I needed answers so I have been researching day and night to get the facts right.
2, I spent $30 for a consultation with a lawyer that I borrowed.
3, I do not have the money to move right now.
4, Why should I let her do this to the next person who does not know any better. If I just leave and LL has no penalties she most def will do it to the next unsuspecting poor soul.
5, I detest this situation, but I did not create it.
6, I humbled myself and tried to work out a compromise (even when I suspected apt was illegal), I didn't want any drama. Her answer was get out!
7, I put rent money aside, exactly why I am not sure now.
8, A deadbeat would be somebody who can work and does not, I work hard for what little I have.
9, I do not need to teach LL a lesson, hopefully system will do that for me.
10. I have not slept very well for weeks now over this situation.

Oh and thank you acmb05, I could not have said it any better....

[Tayla]

Interesting read. Irrelevant though til the inspectors come.