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Help Landlord out of control iilegal eviction

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njfisherman

Guest
What is the name of your state? New Jersey

This is my problem. I own charter boat out of New Jersey my marina is privately owned. I have been at my dock running my business since 1998. The first few years I was paying my rent in 2 or 3 payment and sometime has balance into next spring season .Since 1999 my landlord has been sending me letter cursing me out and threading to throw me out. These letter have very personally attack against me and my family .He ever went as far as writing to 3rd party about how my family are deadbeat and will screw you .This is not true. I did have lease first 3 season and have been trying to get another one last 3 years .So now we have been going year to year or season to season.
The last few years myselF and other boat owners dont find out what the rent increases will be until spring .He then demand the money in one week and then start harass us with letter both being left on my boat and sent to my home. He then writes in these letter to pay the rent plus increase in 1 week or get the F&*k out of the dock. He even includes date to leave by or I will be evicted and be tresspassing on his property. I then give him the rent and increase . He then doesn't deposit the check for 3 months after agrvating me. .He complains about his taxes going up and no parking at the dock .Well both are not true hes taxes been same last few years plus there is no parking problem down at the marina. My landlord has alot of money and does this to play games.
I have put up with this situation since he and I both know there is nowhere for me to run my business. There is NO other dock open in my area .


Now to my problem
I just received a letter stating my rent will be going up 60% this upcoming season . How can he raise my rent ? is this legal?

The going rate is what I have been paying last few years. He know I cant pay this amount $22000,00 and stay in business .So I have to choice but to relocate to another area in NJ or pay him this rent which is 60% more then my comperition. So now I have to be out of the marina by 12/31/03 I just got letter 1 week ago about all this.

What does he have to do to evict me? He hs threaden me in the past to untie my boat .I have seen him do it few years ago to smaller boat.
This guy has been bulling people around his whole life.

Ps My boat has about $10,000 in damage because one of the piling fell onto my boat and he failed to fix this problem last winter and my boat got damaged. I said nothing at the time becasue I was afraid he would throw me out of the marina if I bitched about piling. So I excepted it . It took him 9 months to fix piling but I now have dames .He doesnt want to know about it.

Two winters ago he leased out my slip to another boat and didnt even ask me if it was OK for this other boat to be in my slip since my boat was in the shipyard after a fire in the engine room. That spring I asked him about it .I said I should get rent decrease but instead I got rent increse. This landlord has to be stopped. One last thing in spring 2002 season he wanted the rent paid in full in 1 weeks .So I give him my credit card for $15000,00 .Would you believe this past spring I was charged $500.00 for crddit card fees I know this is not legal..
The last 2 season I have paid rent in one payment in May .This way i dont have to deal with him and his bull****. But now cant come up with 22k . Can I stay at dcok . What are my options?

I have to get lawyer tomorrwo to stop my eviction on 12/31/03

PLEASE ADVISE
 


FarmerJ

Senior Member
Your in commercial rental (non housing ) Most states do not regulate commercial rental spaces . So do you have a written lease with the marina that spells out all the terms of the rental? About your boats damage you should have considered filing lawsuit to recover the damages . If you have no written lease move the boat out and find another place that to keep it .OR buy a trailer large enough to hold it and park it in one of them camper and boat storage places or on your own property ,
 
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njfisherman

Guest
I had lease first 3 yrs but last 3 nothing just his letters.
My questiion is

The last 2 yrs I have made my rental payment in one payment around May of each season .
So when does my year start ?

he thinks 12/31

I think May .

This boat cant be placed on trailer since it's 60ft 18ft USCG licensed to carry 49 passenger

Can he just throw me out with 2 weeks notice
 

JETX

Senior Member
"How can he raise my rent ?"
*** Very easilly. All he has to do is give you sufficient notice in writing. The problem is, you have NO term lease and the landlord (or you) can do pretty much what you want as long as any notice required in the original lease is met.

"is this legal?"
*** Yes.

"So I have to choice but to relocate to another area in NJ or pay him this rent which is 60% more then my comperition. So now I have to be out of the marina by 12/31/03 I just got letter 1 week ago about all this."
*** Okay. So move.

"What does he have to do to evict me?"
*** That would depend largely on the terms of your original lease (if it still applies). Normally, the actions you describe would be sufficient.

"My boat has about $10,000 in damage because one of the piling fell onto my boat and he failed to fix this problem last winter and my boat got damaged. I said nothing at the time becasue I was afraid he would throw me out of the marina if I bitched about piling. So I excepted it . It took him 9 months to fix piling but I now have dames .He doesnt want to know about it."
*** And he is NOT liable unless you can show that the damage occured due to his negligence or malice.

"Can I stay at dcok ."
*** Not without a lease.

"What are my options?"
*** Find another slip elsewhere.

"I have to get lawyer tomorrwo to stop my eviction on 12/31/03"
*** Based solely on the contents of your (very confusing) post, I doubt you will be able to stop the eviction.
 

HomeGuru

Senior Member
After reading your confusing post, i am of the opinion that you are basically screwed. If your attorney can not successfully negotiate a new lease at better rates and terms, be prepared to dry dock your boat.
 
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njfisherman

Guest
Thanks for replys


Well
I have lawyer looking over all these letters . I might be able to stay until May since last 2 seasons I have paid rent in full for 1 yrs in on or about June 1st
I also might have another slip in town marina .However I will not know until board meeting on Jan 7th 2004.

Know matter what my landlord is going to have to answer for damages to me boat since he never fixed damage piling until after the damage was done.to my boat. I was without the main piling to tie up my boat for 9 months We are talking $10k to 12k in fibergllass and wood damages

I am also going to file complain about sub leasing my slip 2 winters ago to another boat without paying me or offering me any discount. tallkng 5k plus anther $500.00 that he charged me for credit card fees last season .

Can I go after him for lawyers cost in NJ to collect these damages
Thanks Capt Gene
 

HomeGuru

Senior Member
njfisherman said:
Thanks for replys


Well
I have lawyer looking over all these letters . I might be able to stay until May since last 2 seasons I have paid rent in full for 1 yrs in on or about June 1st
I also might have another slip in town marina .However I will not know until board meeting on Jan 7th 2004.

Know matter what my landlord is going to have to answer for damages to me boat since he never fixed damage piling until after the damage was done.to my boat. I was without the main piling to tie up my boat for 9 months We are talking $10k to 12k in fibergllass and wood damages

I am also going to file complain about sub leasing my slip 2 winters ago to another boat without paying me or offering me any discount. tallkng 5k plus anther $500.00 that he charged me for credit card fees last season .

Can I go after him for lawyers cost in NJ to collect these damages
Thanks Capt Gene
**A: Dear Captain,
ask your attorney.

signed,
the General
 

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