Need to move - have not found a place

[tualha]

What is the name of your state? New Jersey

I have to move from my condo by June 15th because me and my 3 children are not allowed to occupy a 2-bedroom unit here. Landlady did not know that when it was rented to me, neither did I. For two months I have not been able to find anything affordable to rent. Now I have a possibility for July 1st. Landlady has rented the place as of July 1st and I have asked to stay till June 30th. However, because the new tenant has Section 8 the place needs to be inspected, which is going to occur sometime in the two weeks before she moves in. Hence I still have to move by the 15th. I have no place to go by them. What can I do? I am thinking of just staying - many people have told me if I do not have a place to go they really cannot make me move. I hate to be difficult, but geez - just haven't been able to find anything! Help!!

 

[FarmerJ]

If you have been given proper notice to move out and fail to do it , you can indeed be made to move , its called being taken to court. In court the judge will only care if you were given proper notice and not really give a damn why you didnt move. and BTW if you were given proper notice to move you dont need to move early S8 can inspect the unit anyway with you livng there.

 

[tualha]

The Condo Association send my landlady a letter stating I needed to move within two months due to Board of Health violations. She faxed me a copy of the letter. Is that proper notice?

 

[Hot Topic]

The landlord has to go to court to evict you. Were you served with eviction papers or did you just receive the letter from the Condo Association?

 

[FarmerJ]

A condo association is NOT a city/ County housing inspections dept NOR is it a health dept. BUT they can make a condo owner be responsible for corrections or conditions that violate the rules. SO again if you got proper notice by your actual LL telling you to move then yes you gotta move and NO you dont have to move just so s8 can come in and look at the unit empty.

 

[tualha]

I did not get any eviction notice, just a copy of the letter the Condo association sent to my landlady. I called the Board of Health and I am not in violation of their health occupancy rules, just the Condo Associations By-Laws about who can sleep where. I spoke to a lawyer and he advised that if I do not have a place to go that I should just stay until I find a place, and that she would have to evict me, which would take time. I hate to do this and its an uncomfortable situation, but I don't know what else to do.

 

[treese]

The lawyer is right. The LL will have to evict you. Did the lawyer explain the consenquences of being evicted?

 

[tualha]

No, he did not, but I'm sure it's not fun. What are they?

 

[treese]

It is true that an eviction may take time. Many LL's will not rent to someone who has had an eviction filed against them. This can make it that much harder to find a new apartment.

 

[tualha]

Hopefully it will not come to that. But the laywer did tell me that I probably actually have some rights in this case. Since I was rented an apartment I am not allowed to be in - through no fault of my own really - I could ask them to pay to move me. He said if they start eviction proceedings I could demand that. Also I don't know on what grounds they could evict me. I called the Board of Health and I am not in violation of their rules. Can you be evicted for violating Condo By-Law rules?

Anyway, hopefully it will never come to this.

 

[acmb05]

I did not get any eviction notice, just a copy of the letter the Condo association sent to my landlady. I called the Board of Health and I am not in violation of their health occupancy rules, just the Condo Associations By-Laws about who can sleep where. I spoke to a lawyer and he advised that if I do not have a place to go that I should just stay until I find a place, and that she would have to evict me, which would take time. I hate to do this and its an uncomfortable situation, but I don't know what else to do.

First of all lets back up a bit. Getting a copy of a letter that was sent to your landlady is NOT proper notification that you have to move. The landlady ahs to follow the LL/T laws of your state and if she did not do that you could possibly have any eviction that she starts thrown out.

Second thing: It is not your fault that the landlady did not know the rules of HER condo association when you moved in and as such you could countersue her for any moving expenses you incur for having to break your lease early thru no fault of your own.

 

[tualha]

Thank you. That is good to know.

 

[Hot Topic]

I'd suggest getting something in writing from the health department. Keep a record of the contacts you have with the landlord or condo association if you haven't already, especially if one or both decide to start a campaign of harassment against you. I suspect the main source of trouble will be with the landlord since she'll be anxious to get you out because she rented the place to someone else.

 

[tualha]

I have decided that I am going to tell my landlady that i will be staying until I find a place. Big personal step for me - confrontation - Yuck! Thanks for the advice over here. It is extremely helpful having some support. I'll post as to what happens. Thanks again.

 

[pixeltwistr]

I have decided that I am going to tell my landlady that i will be staying until I find a place. Big personal step for me - confrontation - Yuck! Thanks for the advice over here. It is extremely helpful having some support. I'll post as to what happens. Thanks again.

Thats the right thing to do...It costs money for a land lord to start eviction and usually if you tell them I will be out on such and such date they will not go to the expense of the eviction unless you don't move out when stated....also it does take time to evict so even if she still goes ahead with an eviction you will have over a month for the eviction to be completed....and yes there are consequences to having an eviction on your record BUT...first of all it is better to have that on your record then to be homeless for two weeks with 3 kids....and second I may be wrong here but it is my understanding that once the landlord has started the eviction, if you move out before it is final then it is null and void....I belive you actually have to be evicted ( i.e: thrown out by police on judges orders)
in order for it to go on your record....so staying until july first should be doable for you without having an eviction on your record.
pixeltwistr