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11-27-2007, 09:15 AM
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Junior Member
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Join Date: Nov 2007
3 posts, read 2,932 times
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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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11-27-2007, 09:22 AM
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Senior Member
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Join Date: Jul 2007
Location: High Bridge
2,738 posts, read 2,613,714 times
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Its going to depend on your town, theres no quick answer for all of NJ.
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11-27-2007, 09:38 AM
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Junior Member
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Join Date: Nov 2007
3 posts, read 2,932 times
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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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11-27-2007, 10:08 AM
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Senior Member
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Join Date: Jul 2007
Location: High Bridge
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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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11-27-2007, 10:11 AM
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Junior Member
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Join Date: Nov 2007
3 posts, read 2,932 times
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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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11-27-2007, 12:27 PM
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Real Estate Sales Associate (NJ)
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Join Date: Jul 2007
Location: Central New Jersey
1,185 posts, read 1,325,075 times
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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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11-27-2007, 12:32 PM
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Forever a Yankee
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Join Date: Mar 2007
Location: North Jersey
6,491 posts, read 4,800,948 times
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Quote:
Originally Posted by njlandlady
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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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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11-27-2007, 12:57 PM
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Real Estate Sales Associate (NJ)
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Join Date: Jul 2007
Location: Central New Jersey
1,185 posts, read 1,325,075 times
Reputation: 153
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Quote:
Originally Posted by njlandlady
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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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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