illegal apartment

[foophi]

Please help.

I am currently in a illegal apartment in NJ. I rented the apartment not knowing that it was illegal. In September I gave the landlord a check for the rent but before they deposited the check I found out that the apartment was illegal (I have the documentation to support), so I stopped payment on the check in order to concentrate my resources on finding a new residence.

My landlord is now taking me to small claims court to evict me and to sue for September's rent. I need to mention that I have also filed charges against her and her husband for harrassment (constant calls, threatening bodily harm, threatening to call my boss, etc.)

What recourse do I have? Can she evict me through small claims court? Can I sue her for the rent paid over the passed year?

Any help at all will be greatly appreaciated.

 

[HomeGuru]

You should not have stopped payment on the rent check. You can be evicted for nonpayment of rent. You can file a counterclaim that you were willing to pay the rent when the property is legal. Place the rent into a court trust fund. You can not sue for the rent you have paid in the past.

 

[foophi]

illegal

Thank Home Guru for your reply. The apartment was never legal (attic apartment). I was told that they could collect on an illegal apartment. Is this information false. I was also under the impression that they are supposed to give me time to relocate.

 

[HomeGuru]

I am not sure about your State Statutes. L does not have to give you any time to relocate if you do not pay rent.

 

[foophi]

illegal

Thank you for your response.

Why would I continue to pay rent on an apartment that is illegal/ according to the Division of Community Improvements - cannot collect on an illegal dwelling.

Does the fact that the apartment is illegal have any bearing?

Can she evict through small claims court - isn't there a different venue when evicting.

 

[HomeGuru]

Is this Division of CI a City/County, State or Federal agency?
I do not no the complete jurisdiction of Small Claims court but in most States this court only handles security deposit claims and not evictions.