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Old 07-28-2014, 09:23 AM
 
50 posts, read 67,730 times
Reputation: 35

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We are already going to court, we had a court date on the 24th but the court didn't have a Chinese interpreter for his father. The landlord is claiming that his parents have to move into the apartment because their daughter just had a baby and they want to be close to help her with the baby.

If I had the ability to get up and move I would do it in a flash, this is extremely stressful and I wish to not have to deal with it, but it will cost close to 3000 to move and we have about half of that. This is why I went to social services to see if they can help with the other half but they are insisting that the landlord should return my deposit because he is the one requesting to move in and it's considered an involuntary eviction. According to the case worker he should be returning the deposit because this is not a non payment of rent case. She said that if he refuses the judge can order it. We will see how that goes.

We do have a lawyer going to court with us, he is going to fight it with the reprisal law, since the "notice to quit and demand for possession" was sent the day after the landlord received the letter from the inspector. We have proof . He is also going to state that the basement downstairs is empty and can be used as an apartment since it has a bathroom and a kitchen. The landlord also owns about 15 houses in the area, so that's something else my lawyer says he will bring up. Hopefully my lawyer wins this case for us and we can continue living here until we can move out in a peaceful manner.
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Old 07-28-2014, 09:45 AM
 
Location: Randolph, NJ
4,073 posts, read 8,979,830 times
Reputation: 3262
I gotta say... with each additional post, I root harder for the landlord.

Just stop with the nonsense. By not having to pay July's rent, you essentially have two-thirds of your deposit back already.
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Old 07-28-2014, 11:57 AM
 
8,085 posts, read 5,248,505 times
Reputation: 22685
Quote:
Originally Posted by HalfFull View Post
I gotta say... with each additional post, I root harder for the landlord.

Just stop with the nonsense. By not having to pay July's rent, you essentially have two-thirds of your deposit back already.

I agree.

You have already overstayed on the lease, you aren't going to get another dime. Get out while you still have some money left....

It isn't your LL's problem you have no money. It's HIS home...he has bills to pay & the right to move you out. It doesn't matter if he owns 10,000 homes. He wanted you out & you didn't leave. I don't know how anyone could remain in a home they don't own knowing they have been asked to leave.

Now you are claiming the basement can be an apt? Didn't you call the inspectors & say it was full of violations?

Anyway, it's time to go. I think you wore out your welcome.

Last edited by LLCNYC; 07-28-2014 at 12:08 PM..
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Old 07-28-2014, 12:16 PM
 
50 posts, read 67,730 times
Reputation: 35
Lol.

I hope my lawyer does a good job at fighting against my landlord. We have not done anything wrong. If the landlord really is doing this as a form of retaliation hopefully the judge will see our proof and all
Of this is just a nightmare that will soon be over

For the record I don't want anyone's money, people are ao quick to judge lol... I just want a roof over my family. The ideal thing would be that we can stay and continue to pay our rent .

And please tell me what exactly has this landlord had to
Deal with.

We are the ones running around trying to see how we can move.....
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Old 07-28-2014, 12:28 PM
 
8,085 posts, read 5,248,505 times
Reputation: 22685
Quote:
Originally Posted by Bubito1724 View Post
Lol.

I hope my lawyer does a good job at fighting against my landlord. We have not done anything wrong. If the landlord really is doing this as a form of retaliation hopefully the judge will see our proof and all
Of this is just a nightmare that will soon be over

For the record I don't want anyone's money, people are ao quick to judge lol... I just want a roof over my family. The ideal thing would be that we can stay and continue to pay our rent .

And please tell me what exactly has this landlord had to
Deal with.

We are the ones running around trying to see how we can move.....
Why do you sound so giddy at fighting this?

How is it your LL fault? He ended your lease, asked you to leave...you didn't. That's what you did wrong...hence why you are going to court. You will lose.

Sometimes, you don't have to do anything wrong per se, it's his property, if he wants to move in family, he can. It's his right.

If you want a roof over your head then stand by the lease & vacate to another location.

I am willing to bet he has an attorney well educated in these things compare to yours if you have no money. And without any income how would you pay future rent anyway? Cut your losses, quickly.
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Old 07-28-2014, 09:33 PM
 
Location: OCNJ and or lower Florida keys
814 posts, read 2,043,394 times
Reputation: 843
doesn't your former landlord aka the homeowner need to correct the violations in a timely fashion? that is what he has to DEAL WITH. he needs to get everything in working order per the township request if he wants to continue to rent the house. due to the nature/cost of the repairs it may be easier to stop renting the house and turn it into a private residence till the owner can correct the violations in due time. Perhaps he now wants go in and remodel the entire residence and then rent it out after the work is done.
If he maintains it as a rental unit the home would be subject to different rules and regulations then as an owner occupied home.
case law is in favor of your landlord he owns the home and is not responsible to provide you with a place to live. Do you really think that any competent landlord would give a tenant back their security deposit before they actually left the residence?
just remember when he obtains from the court and delivers the "writ of possession" you have about 14 days to move out before he can have you physically removed by the sheriff/police. THE LANDLORD (under the supervision of local cops) WILL LEGALLY COME IN TAKE ALL YOUR POSSESSIONS SET THEM ON THE CURB CHANGE THE LOCKS AND TELL YOU TO POUND SAND.
after 24 hours he can throw out or dispose of your possessions any way he see fit. I have been through it myself as a landlord in Cape May County NJ. You better be prepared with a place to go for your family's sake don't count on your lawyer its a very very slim to no chance he will win in court. You will not be allowed to remain in your current rental home.
You would be better served trying to find another place to live before you wind up with a court action/eviction that will show up on your permanent financial records.
once you have an eviction on your record you will lose the ability to rent quite a few rentals that otherwise would have accepted your rental application. Many landlords as a standard practice can and will refuse to rent to you based on the former eviction. even if you have all the required security and first/last months rent
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Old 07-29-2014, 12:11 AM
 
10,181 posts, read 10,257,364 times
Reputation: 9252
Are you on a month-to-month lease?

You need to take this issue over to the Real Estate forum: they'll help you out.

Good luck!
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