Illegal Eviction

[marige]

Hi...

I live in NJ and have rented the same small cottage with my children for the last 5.5 years, since June 2002.

On November 10th, my landlord told me that I would have to move by mid-Feb 2008, because they wish to demolish my house and build new. I asked if they could wait at least until June, because my daughter is graduating from high school and it would make it much easier to find something once I can look outside her school district.

But they said no, they need the money and a delay would mean a foreclosure for them.

At first, because I have a month-to-month lease, I did not think I had any rights. But just before the holidays, I decided to check (http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/index.cfm)

According to this site, I may have a case against them for illegal eviction. According to it, when a landlord is terminating the lease for no other reason than they wish to discontinue renting, they must give the tenant 18 month's notice. They gave me three months.

I have called the numbers listed on the site and am in the process of seeing if I qualify for free legal services. If I do not, however, then I may have to represent myself (according to those I spoke with). But I have absolutely no idea how to go about handling this matter alone and cannot afford a lawyer.

Can someone please help me?

The reason this is so important to me is that, coming at this time, this eviction is likely to leave me homeless. I have been sick since 2005 (with Chronic Fatigue Syndrome) and, because of this, my credit has been destroyed (because I couldn't pay my creditors for so long).

I have been working at home and have actually managed to support my family for the last 6 months independently. But only just...

One other thing I would like to add: I have always made sure I paid my rent, no matter what. And I have always been a good tenant generally. In fact, several times, my landlord has said I was the best tenant he ever had; and that I was welcome to stay as long as I like.

Now this.

Coming at this time, with so little notice, is devastating.

Help.

Marige

 

[Alaska landlord]

I haven't checked NJ notification requirements, but if you are a month to month tenant you don't have a lease.

 

[Zigner]

I'm not sure where you get 18 months from.

From the site YOU (OP) posted:

Ending a month-to-month lease. To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month. Cite: N.J.S.A. 2A:18-56.

 

[reggiebob]

How's the chronic fatigue??? My ex-wife has/had that; hope it goes o.k. You have to be notified in writing of your 30 day eviction. Once your thirty days are up he will have to get a warrant to have you evicted, additional 15 days. Good Luck

 

[Alaska landlord]

You say that your tenancy will be terminated in three months. Have you been given written notice or verbal notice? This is not an eviction and it wil not be treated as such unless you refuse to move. I don't know if you pay your rent at the beginning of the month or the middle of the month, but you are entitled to stay till the end of your cycle.

 

[acmb05]

I'm not sure where you get 18 months from.

From the site YOU (OP) posted:

Ending a month-to-month lease. To end a month-to-month lease, or any rental agreement that does not have a specific lease term, you must give a written one-month notice before the month starts. You can then move out at the end of the month. Cite: N.J.S.A. 2A:18-56.

I think she is getting it from this section on that site.

h. Landlord wants to permanently retire building from residential use

Notices required:

* Notice to quit—must be served on the tenant at least 18 months before filing the eviction suit.

Comments:

* The notice must say in detail what the landlord plans to do with the building. If the landlord’s notice fails to clearly state what the future use of the property will be, the notice is defective and the court cannot evict the tenant. Cite: N.J.S.A. 2A:18-61.1(b); Sacks Realty v. Batch, 235 N.J. Super. 269, aff'd. 248 N.J. Super. 424 (App. Div. 1991).

* The landlord must send a copy of the notice to quit to the Department of Community Affairs and to the rent control office.

* The tenant cannot be evicted unless the landlord has all necessary approvals to convert the building to non-residential use.

* This ground cannot be used for eviction in order to avoid relocation assistance that is available in the case of housing and health code violations—see g.

* The landlord is liable for damages if the tenant is evicted for this reason and the landlord then re-rents to another tenant.

 

[Alaska landlord]

Top of page
Why end a lease?
Landlords and tenants have different reasons for wanting to end a lease. As stated above, a landlord cannot evict you just because your lease is over. Because of this, the only reason for a landlord to end your lease is to offer you a new lease with different terms, such as a higher rent or new rules and regulations. By ending your lease, the landlord cannot get you to move but can require you to pay more rent or to follow new rules.
On the other hand, tenants often want to end their leases because they want to move.
Top of page
Notice to end a lease
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions. Cite: N.J.S.A. 46:8-10.
Top of page
Ending a yearly lease. To end a yearly lease, unless the lease says otherwise, you must give the landlord a written notice at least one full month before the end of the lease. The notice must tell the landlord that you are moving out when the lease ends. Also, unless the lease says otherwise, the landlord must give you at least one full month’s notice before the end of the lease to terminate a yearly lease so that the landlord can raise the rent or change other terms of the lease. Remember, you cannot be evicted just because the landlord ends your lease.

http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterfive/index.cfm

 

[You Are Guilty]

NJ is one of the most tenant-friendly states, but even there, I don't think the 18 month notice requirement applies if the LL wants to rebuild (as per the OP) the structure. (In other words, it's not "permanently" being taken out of residential use.)

Edit: In re-reading the statute ordering the 18 month notice requirement, it appears to only apply to " In public housing under the control of a public housing authority or redevelopment agency" (which makes a lot more sense than requiring it for every residential lease.)
NJSA 2A:18-61.2

 

[marige]

I think she is getting it from this section on that site.

h. Landlord wants to permanently retire building from residential use

Notices required:

* Notice to quit—must be served on the tenant at least 18 months before filing the eviction suit.

Comments:

* The notice must say in detail what the landlord plans to do with the building. If the landlord’s notice fails to clearly state what the future use of the property will be, the notice is defective and the court cannot evict the tenant. Cite: N.J.S.A. 2A:18-61.1(b); Sacks Realty v. Batch, 235 N.J. Super. 269, aff'd. 248 N.J. Super. 424 (App. Div. 1991).

* The landlord must send a copy of the notice to quit to the Department of Community Affairs and to the rent control office.

* The tenant cannot be evicted unless the landlord has all necessary approvals to convert the building to non-residential use.

* This ground cannot be used for eviction in order to avoid relocation assistance that is available in the case of housing and health code violations—see g.

* The landlord is liable for damages if the tenant is evicted for this reason and the landlord then re-rents to another tenant.

Yes, thank you, acmb05: that is where I got my "information."

According to what it says under "causes for eviction", whether a month-to-month or leased apartment, a landlord cannot simply stop leasing without proper notification.

Alaska Landlord,
I did not post to this forum to argue with someone who, essentially, would be biased toward my landlord. I came for professional legal advice. So, unless you have a license to practise law in the state of NJ, your comments are not appropriate nor appreciated.

Marige

 

[CourtClerk]

Alaska Landlord,
I did not post to this forum to argue with someone who, essentially, would be biased toward my landlord. I came for professional legal advice. So, unless you have a license to practise law in the state of NJ, your comments are not appropriate nor appreciated.

Marige

Yet, I find it hilarious (and quite ironic) that if you get the answer you want, you will take it whether the person giving you said answer is licensed to practice (not practise) law in the state of NJ or not.