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Old 11-27-2007, 09:15 AM
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Join Date: Nov 2007
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Default house share?

is it legal to rent the upstairs of a house as an apartment? It has a kitchen, bedroom and bath - and so does the 1st floor. I'm afraid to advertise it as an "apartment" cause it's zoned 1 family.
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Old 11-27-2007, 09:22 AM
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Location: High Bridge
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Its going to depend on your town, theres no quick answer for all of NJ.
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Old 11-27-2007, 09:38 AM
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It has it's own outside entrance (as well as inside access). I could use the income, so what if I advertised as a Houseshare? I don't think the town could stop me from sharing my home as long as I'm not making it a boarding house.
Any suggestions on how I could advertise it, if I decide to take the chance? I thought of just putting up flyers in local stores. Don't want to risk going thru a realtor - wouldn't lie if asked if it's legal - so I don't want to be asked :-)
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Old 11-27-2007, 10:08 AM
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I would recommend calling the town and asking - just say, generically, what are the rules for apartments, vs. having a roommate. You don't have to give them specifics, and something minor can make your life easier. Not to mention that as a landlord, having an apartment that could be illegal is a legal as well as a financial liability; its not worth it when a phone call may answer all your questions.
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Old 11-27-2007, 10:11 AM
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You're really right - thanks. I needed someone to talk me out of just doing it! I'd feel really stupid afterwards if I were to get fined, or worse - sued.
thanks
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Old 11-27-2007, 12:27 PM
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Must be a legal two family in order for it to be legal so you can call the town and find out about a particular address.
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Old 11-27-2007, 12:32 PM
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Quote:
Originally Posted by njlandlady View Post
is it legal to rent the upstairs of a house as an apartment? It has a kitchen, bedroom and bath - and so does the 1st floor. I'm afraid to advertise it as an "apartment" cause it's zoned 1 family.

Well if it's zoned "1 Family" that about answers your question.....it can not be legally rented out....I would call the town, ask questions and see what it would take to get it zoned for a 2 family...

It may currently qualify under the mother/daughter scenario....seperate quarters but still 1 family.
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Old 11-27-2007, 12:57 PM
Real Estate Sales Associate (NJ)
 
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Location: Central New Jersey
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Quote:
Originally Posted by njlandlady View Post
is it legal to rent the upstairs of a house as an apartment? It has a kitchen, bedroom and bath - and so does the 1st floor. I'm afraid to advertise it as an "apartment" cause it's zoned 1 family.
Biggest issue is a lawsuit if something happends. Almost all rentals that you see for "apartments" in homes are not legal but if something like a fire or something happens, the tenant can come after you big time.

When you purchased the home, since it is a one family, they should have at least disconnected the stove for legal reasons to not conflict the idea that the home was a two family. At least that is what we always do when issues like this come up. The stove is usually disconnected at least and often removed but not necessary.
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