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07-05-2007, 05:25 PM
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Junior Member
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Join Date: Jul 2007
1 posts, read 2,281 times
Reputation: 12
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Need legal help for landlord problem?
Hi,
I have been living in an apt for 7 months and I have signed a lease for 11 months. The lease has my detail info for my ssn and my DOB. The problem is my landlord hasnt given me a copy of the lease. I trusted him till now. But he hasnt given me the copy in 5 months and when I asked him again this month, he says that there is no lease between us and I shall leave the apt by end of this month. He has my deposite and I fear that he wont return me the deposite since he denies to show any lease.
I have paid him by check and on all the checks I have mentioned the reason as a rent. My questions is, is it legal in NJ to rent an apartment without a lease, if thats is allowed then there is nothing I can do abt it since I dont have a copy of the lease but if its not then I can fight with him legally.
Please advice me if there is anything I can do for saving my money.
Thanks in Advance.
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07-06-2007, 07:11 AM
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Senior Member
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Join Date: May 2006
1,363 posts, read 1,406,283 times
Reputation: 620
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Get an attorney. I am not an attorney and this is not legal advice. I don't think it is illegal to rent an apartment without a lease-certainly not wise, but not illegal. However, since you have been paying (and a good thing by check) what has been understood as rent, you may have some legal recourse even if your landlord is going to insist there is no lease. I think it's an "implied contract". May be difficult to establish, but I'm sure an attorney would be able to help you. I don't think you have a lost cause.
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07-06-2007, 07:56 AM
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Forever a Yankee
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Join Date: Mar 2007
Location: North Jersey
5,976 posts, read 3,976,825 times
Reputation: 1637
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It is not illegal, it is called month to month. That said he can not verbally tell you to vacate by the end of the month he must do it in writing, with I believe a minimum of 30 days. If you do not vacate he must start eviction proceddings and you go to court.
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07-06-2007, 08:03 AM
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Forever a Yankee
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Join Date: Mar 2007
Location: North Jersey
5,976 posts, read 3,976,825 times
Reputation: 1637
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Link for NJ Tenant/Landlord Laws
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04-03-2008, 12:39 AM
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Junior Member
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Join Date: Apr 2008
1 posts, read 1,903 times
Reputation: 11
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Before Court Try Landlord Mediation
Your landlord is required to provide you with a copy of your lease at the time of signing, failure to do so is a violation. However, the claim now that you don't even have a lease is poor property management. If you hire an attorney it will most likely cost you a lot of money and will not get you positive results. Its always best to file a complaint with the Rental Protection Agency Rental Protection Agency - Consumer Protection Agency before taking your landlord to court. The RPA Online Landlord Tenant mediation services are free (with exception to a processing fee) and provide additional legal documentation if not a positive result. Either way, you have many rights as a renter and you should be able to file a landlord complaint, I'm sure that would make the most sense. The RPA serves all 50 States. To file a landlord or apartment complaint you can click on the following link:
Rental Protection Agency - Apartment Landlord Complaint Help
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01-22-2009, 11:35 PM
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Junior Member
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Join Date: Jan 2009
Location: Munford, TN
Reputation: 10
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need help look i am haveing problems with our lanlord she has been picking on every body in our apts but i guess she has a real problem with people comeing over to visit , let me tell you a little about our sit we live in i guess you can call it apts funded thru FMHA and we have low rent at this since me and my wife are disabled now but the problem is the landlord does not like my son or any one else that comes and visits but our lease says that we can have visitors for 14 days at a time but she does not abid by her own lease and says that my son is banned from here so she came to our apt and started raising all kind of heck because my son stoped by to eat supper then he was going to go home and i tried to explain that to her but she did not want to here what i had to say all she would say is that im calling the police and i said fine call the police and im going back upstairs and call them myself so they came and she told them that she wants my son banned from here and they came upstairs and talked to me and i showed them my lease and they told her that they could not do anything about this because we have done nothin wrong , but since we are disabled we cannot hire a attorney , can anyone help with this Please ??????
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