Landlord License? (lease, tenant, eviction, rental)

[AdotAllen]

Does anybody know for the state of NJ, if the LL does not have his LL License can he start an eviction?

[STT Resident]

I don't believe that being a licensed landlord in any jurisdiction is a prerequisite for filing an eviction notice.

[bentlebee]

I have heard of legal properties that can be rented but never heard of LL licenses...

[ShaneSA]

I have never heard of a Landlord needing or being required to be licensed.

[sj08054]

Only did rental once in state of NJ but don't remember having to get rental permit or license. I had a RE company did everything but I doubt it would had made a difference. I am now doing rental in Philadelphia and that's a whole different story.

[CarlitosBala]

In Philadelphia, you can't file an eviction if you don't have a "rental-license" up to date with the state.

[STT Resident]

That seems to be the case in some New Jersey counties too but it depends on the number of rental units which the LL owns.

[AdotAllen]

Thank you guys - when I googled it before I couldnt find anything. But just did again and found this:

If your landlord has not registered the property or has not given you a copy of the registration, the court cannot enter a judgment to evict you in favor of the landlord. In most eviction cases where a landlord has not registered, the judge will postpone hearing the case to give the landlord time to register. Once the landlord registers, the court can then hear the case and enter a judgment for eviction. The postponement can give you extra time to move or to obtain the rent you may owe. Some judges do not follow this procedure and will enter a judgment anyway, if the landlord agrees to register the property later. This practice is clearly wrong. Cite: N.J.S.A. 46:8-33 and Iuso v. Capehart, 140 N.J. Super. 209 (App. Div. 1976).
New Jersey Landlord's Identity Statement


Ha - I love this. My old LL has been been such a jerk since my mom passed. She was on a month to month with her boyfriend and my brother. I used to live there, but when my 2 year lease was up, I left.
So I was there last weekend cleaning out her stuff, and he calls and was yelling at my 19 year old special needs nephew telling him that he isn't supposed to be there and that he was bringing the cops. My nephew gave me the phone.
The LL starts yelling at me that I am not supposed to be there and that the house is supposed to be vacant. I'm like what? I'm here going through my mothers things and I wish that he would have some respect. He is still yelling at me saying he is coming there with the cops and that there is no lease, and that I better be out. I went off on him finally, telling him that he needed to file an eviction if he wanted them out and he just goes on & on about there not being a lease. I finally hung up on him.
Now, normally I could care less, but my nephew & brother are still there trying to get things squared away and needless to say this past month has been hard.

Oh and I know he isn't registered since he tried to enter the house illeagally last year and I called the cops and they told me he never was and wanted to know how long I had been there. For the 8 years I lived there, he never once registered.

Sorry it's so long, but I was on my cell before and couldnt really post everything at that time.

[PacificFlights]

O.K., you are talking registration , not licensing. Registration is a means for the local or state authority to have knowledge that a property is a rental. It also aids the courts in identifying that a property is or isn;t under their jurisdicstion based on that registration. Most registration is a simple way for the local authorities to know if certain rental taxes are to be paid, if certain building or zoning laws must be followed, or any of the many other things related to rentals. It doe not appear to be a "license" for the landlord as a landlord. Typicially, when registration is required, courts do not prevent evicitons based on no registration, they just postpone the hearing until all the registration is in the system to proceed.

However, registration and such does not pertain to property access from death. You need to find out the proper steps to access that property otherwise at some point, you may accidentlaly cross the laws and can find yourself chaged with a crime. I know that some states may require a release from the court before a landlord can let a non names tenant access to the property, and some states allow cops to arrest a person for theft if they enter without permission or authority. More as a FYi to make sure you dont, cross that line by mistake.

[sware2cod]

Due to a death, he might not need an eviction. I really don't know if the typically standard clause in most leases about "Abandonment" applies when a death. Even when the clause is not in the lease, most states have rules about abandonment. I have a feeling deaths meet this clause. When that clause kicks in, the landlord legally can take over the property without needing an eviction at all. Furniture can be left in the unit and it can still be considered abandoned. Check the lease and the state laws for more info. Get important personal items out asap else locks might get changed and you will be out of luck and need to get a lawyer to get her items.

Sorry about your mother.