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Ok Hollytree, re-read my post. My landlord died and the owner wants to sell the house- that's why we are being asked to leave. Nothing about rent, that just happened to be a coincidence that we are a month behind at the same time all of this happened. And I'm the one who brought up the court order, NOT the owner. I was looking for more time than 2 weeks to save money, and I know it's a long shot, but possibly get relocation assistance.
Please read and comprehend the details before throwing sarcastic insults around.
Keep in mind that the owner now has a legacy estate that they want sold. The main house is empty. You aren't paying nearly enough money to plug the cash they are hemorrhaging carrying a mostly empty house in NJ. Not only that, but the owner -- likely a relative -- wants to get rid of their deceased family members property and move on -- and they can't as long as you are there. They're offering you what is basically a $600 bribe to leave without a headache; you should probably either take it or counteroffer asking for the full $900 to be written off and then go.
Last edited by ALackOfCreativity; 03-01-2015 at 04:38 PM..
Almost all tenants are covered by the Anti-Eviction Act. However, the law does not apply to tenants residing in buildings or houses with three or fewer apartments where the owner lives in one of the apartments. This is known as the "owner-occupied" exemption. Tenants subject to the owner-occupied exception may be evicted at the end of the lease term for any reason. If you are a month-to-month tenant living in a building with three or fewer apartments and your landlord lives in one of those apartments, the landlord needs only to give you a month's notice to quit before taking you to court. (page 56)
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Even though it was an illegal rental, you got extremely low rent for several years from someone you became very close to. Why try and screw the guy's family? They need to give you a month's notice to move, but after that, do the right thing and leave without trying to extort relocation assistance or drag it into eviction proceedings. Especially since you might need a landlord reference to get your next apartment.
He wasn't your landlord. He was the guy subletting illegally to you. So if you own something, let's say a car. You lend out that car for money each month to a friend or family member. The family member goes behind your back and rents it out to some stranger. You don't see a dime of that rent. Then your friend/family member dies. You go to pick up your car from where they lived and you find out some stranger has been using it, paying your friend for it, is behind on those payments and doesn't want to give it back to it's rightful owner which is you - even though they are fully aware is was not your friend's car. How would you handle it? Wouldn't you demand your car back, you know, so YOU can either rent it again or use it. Meanwhile, they have it and who knows what can happen to it, but you are responsible for it.
So even after you knew about the apartment being illegal, you stayed and eventually stopped paying to stay. Do you think a judge is going to be okay with that? Seems to be very irresponsible behavior considering you have a child. Yes, you have money problems, so does most of the world. It does not give you permission to act irresponsibly or take part in illegal actions.
You seem to want everyone to give you a pass and help you get what you need while you flaunted the laws for years.
Going to court to give you more time is not going to end up better for you. Find a way to get out. Do you or your fiance have friends or family that you can stay with for a couple of weeks for you to save up enough to move? Don't compound your poor choices with trying to make everyone pay you for your mistakes. It will just make everything worse and more stressful for you and ultimately your child.
Not only is it milking the system, it hurts every other renters who are trying to get by.
There is a reason why some LLs in places like NYC want to see things like 40x income, debt ratio, credit history, and sometimes want lot of cash upfront just to be safe and protect themselves. Which in return, blocks certain category of renters who just want to get by without milking the system but now can't and get pushed out further, further...
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