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Old 05-18-2010, 01:49 PM
 
9 posts, read 27,644 times
Reputation: 10

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Hi, I moved into a house I am renting in Union County NJ about 6 months ago and I was told the landlords cousin was going to be using the basement. I asked if there was proper sound proofing so I don't have to hear him and I also asked if there was separate utilities. I was told Yes to both. I was also told they would get rid of the trash which was in the yard (Old toilet bowl, broken down pool with stagnant water, wood, old heaters etc.. you name it and its there. ). Over the months I found there were squirrels in the attic which took the owner 5 months to come and patch up the holes on the outside of the house. By this time it was warmer out and the squirrels were no longer scratching around. I started to get mice (probably from all the trash outside). A few months later when the landlord came by to patch the holes on the house I made him fix the holes inside to keep the vermin out. I've had to finish paitning the entire upstairs as they promised and never delivered. Basically I made this place more appealing to live in. I uncovered that the utilities are indeed shared after several high electric bills. The landlord acted like they didn't know but the fact that they wanted to keep the electric in their name but have us pay was a big clue. Now the cousin who was pretty quiet moved out and the landlords son is trying to occupy the space. He brings girls down there and I can hear them talking and laughing, coughing etc..He has a huge fish tank and 2 smaller ones. I have complained many many times about the lack of sound proofing. Our floor is his ceiling. I can hear him through the floor as well as the door coming up from the basement. Today he brought a puppy in and it was barking and whining. I have been making audio recordings of the noise level and I approached the landlord with these but in the end he told me it is his house and his son can use the basement. What are my options here? I'm a very nice person but this is wearing on my Patience. I work from home so I am stuck dealing with it all day long..
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Old 05-18-2010, 01:55 PM
 
6,902 posts, read 7,536,673 times
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Pretty simple. If you are renting a one family home and the lease states one family, then what you have is a violation of the lease. In NJ, you can not use a basement as a rental apartment. NOW the owner may be trying to get away with this by saying that it is a family member using the space as liveable area, well he can't do that because they are renting the entire house to you, correct?

You definately have a civil case. I would send him a certified letter with a copy of the lease indicating that you are renting a single family home as such, he did not receive your approval to rent out parts of the basement. Give him 10 days to remove the person, change the locks, if not take him to court.
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Old 05-18-2010, 02:02 PM
 
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I'm looking over the lease now because I couldn't remember what it said in regards to the basement. Another issue is our gas meter and shut off valve and the fuse box is down in the basement. They are supposed to leave it unlocked on their end so I can get down there in case of emergency. I am not going to feel comfortable going down there if there is a dog.
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Old 05-18-2010, 02:23 PM
 
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The house is a two family duplex where we have one side and another family has the other. The lease simply states we are renting Apartment #2 at our address. So that's probably a problem for me. The other family has full use of their basement as they were renting before the current landlord purchased the house. The lease says nothing about the basement but verbally they told me they would have their cousin staying down there and when I found out about the shared electric they said he was moving out and would use it as storage. Now the son has moved in with his dog.
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Old 05-18-2010, 03:35 PM
 
Location: Central NJ
633 posts, read 1,949,994 times
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Let me start with I am a landlord.

I would just move. Tell the landlord you want to use the security as last month rent. Normally you legally can't but I doubt he followed the procedures with regard to security and by law you should have it back.

The place sounds like a mess and he will be a nightmare, you could pursue court and probably win. This landlord has multiple violations and issues. You are bordering on have legal grounds to not pay rent due to the conditions. You could call the township and ask for the building department, I'm sure he did not get a COO or fire inspection.

Again it may not be worth staying but you can not trust this guy, so do all things with certified letters, although you may not want to go to court you need to get all your paperwork in order and any pictures too (start taking them) when he tries to keep your security. In court you win by being prepared and being honest.

Also as to see the 3 breaker boxes, I have a 2 family and I have a breaker box just for the basement.

Go on line and read your rights as a tenant.
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Old 05-18-2010, 06:53 PM
 
9 posts, read 27,644 times
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There is only one breaker box for the basement in my part of the two family. When I moved in the landlord told me they needed to keep the electric in their name because they were re-financing. Now I know it is because they knew of the shared utilities and wanted to trick me into paying for all of it. The other tenant has their own meters and breaker boxes in their basement. I agree with you New Jersey Mike this is a nightmare and you sound like a decent landlord. I am actually a great tenant and not just patting myself on the back. I send my rent 10 days before it's due so they have it in hand by the 1st for sure. I have made improvements out of pocket to make this place livable. I am quiet, respectful and will never damage property. I am now reading all of the tenant / landlord rights so I am educated on how to fight this. I am also looking to see if there are other places I could rent before I take action so I know I have a place to go with my cat. I am a recent cancer survivor at a young age and I don't need this stress.
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Old 05-20-2010, 09:12 AM
 
9 posts, read 27,644 times
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The landlord's son is a nuisance. So far I had to deal with the dog barking, an all out fight when his ex came here to confront him the other day (I could hear every word and she gave it to him good) and last night he was lurking around outside the house from 1am to 3am. It kept waking me up. I thought it was a prowler. It sounded like he was moving around the junk they have sitting outside getting stagnant and then he kept getting in his car and leaving and coming back. I think he was drunk. I need to call the police next time. My question is how can one possibly complain to the landlord about their own son?
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Old 05-20-2010, 09:43 AM
 
1,319 posts, read 4,248,798 times
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Quote:
Originally Posted by new jersey mike View Post
I would just move. Tell the landlord you want to use the security as last month rent. Normally you legally can't but I doubt he followed the procedures with regard to security and by law you should have it back.
I second. It's not worth your precious time and stress from hassle. Even if you have to pay bit extra to move out again and pay more for rent, unless your financial situation is dire. It should be worth the difference it'll make on your life standard.

One clarification on jersey mike's recommendation of telling landlord to use security as last month rent. I believe he said that because some security deposits required are usually a month rent. If you gave more than month rent, do the math and stay that much longer.

Edit: If you decide to stay and fight. Based on what you wrote, it looks like you pretty much have law on your side. I don't think it's worth your time to do so however. GTFO.
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Old 05-20-2010, 11:28 AM
 
9 posts, read 27,644 times
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Thanks Babo111, I am looking to see if there is another place I can rent. I was very careful when I was searching for a new place. I saw about 18 places over 4 months. I thought I had avoided any shady situations but obviously these people were good at masking these issues. So I don't know if I move will the grass be any greener?
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Old 05-20-2010, 12:01 PM
 
512 posts, read 1,754,867 times
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Quote:
Originally Posted by infoseeker230 View Post
Thanks Babo111, I am looking to see if there is another place I can rent. I was very careful when I was searching for a new place. I saw about 18 places over 4 months. I thought I had avoided any shady situations but obviously these people were good at masking these issues. So I don't know if I move will the grass be any greener?
Try to interview those that are renting from your potential landlords. See what they think about the landlord, their neighbors, and the neighborhood.

The landlord will usually want someone who is honest, as a tenant, but some are shady and could on a good front.

Speaking from experience, get out, as these kind of situations can escalate. Luckily, my wife only called the cops once on our ex-landlord.
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