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Old 06-27-2007, 02:34 PM
 
Location: Rural Central Texas
3,617 posts, read 9,499,749 times
Reputation: 5474

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I am not an attorney, but I did watch a Judge Judy episode where an unlicensed apartment was part of a rent disagreement. Judy told them that the license status of the apartment was a matter between the landlord and the burrough and had no bearing on the rental agreement. So it might have leverage in relation to settling the dispute as a threat to witness in the pending litagation, but it won't invalidate the rental agreement or abbrogate the rent due.

As I interpreted the sublet aspect, you were not released from your lease and the sublettor was required to sign a lease agreement separately. Did the sublettor pay you or the landlord? If they paid the landlord directly in lieu of your payment and you and they submitted a June payment, then the landlord was unjustly enriched and you have a claim for that payment. It can therefore be applied to any remaining rent due on your part for the lease term remaining after the sublet vacated.

The math is a bit off here cause you said you rented it 9 mos ago and then had to move out, but got a sublet for 3 mos. Was your lease longer than 12 mos, or did the sublet leave early too?
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Old 06-27-2007, 02:43 PM
 
Location: 32082/07716/10028
1,346 posts, read 1,755,911 times
Reputation: 167
Quote:
Originally Posted by njkate View Post
NJ has very strict laws regarding the return of security deposit refunds.
the landlord seems to be legally challenged, what makes you think he's observe this law?
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Old 06-27-2007, 08:23 PM
 
185 posts, read 917,407 times
Reputation: 42
I am not a lawyer, but if I remember my business law class from about 10 years ago, it is illegal to contract for an illegal activity. therefore the landlord should loose if she tries to fight you for the money. and since you were unaware of the illegality you might even be able to get your deposit from her.

if it was me i'd either let her chase me for it, or take her to small claims court and try to get my money back.

you might want to inform the local news about this. sometimes they cover interesting stories like this. they might embarrass the landlord (or frighten him by the pr) into giving you your money. at the very least the landlord will become locally famous and hopefully not dupe someone else.

and remember this is not legal advice and only a lawyer could give you that.
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Old 06-28-2007, 06:43 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,114 posts, read 25,500,867 times
Reputation: 11200
Quote:
Originally Posted by kort677 View Post
the landlord seems to be legally challenged, what makes you think he's observe this law?
Well in NJ if the landlord does not return the security with in 30 days or send a letter stating why the tenant can sue in small claims court for 2x the amount of the security.

I posted links in another thread regarding security for someone who has no "work" income
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Old 06-28-2007, 07:42 AM
 
Location: 32082/07716/10028
1,346 posts, read 1,755,911 times
Reputation: 167
Quote:
Originally Posted by njkate View Post
Well in NJ if the landlord does not return the security with in 30 days or send a letter stating why the tenant can sue in small claims court for 2x the amount of the security.

I posted links in another thread regarding security for someone who has no "work" income
sure he can sue in small claims court, and he'd probably get a judgement, now what? do you think he'd ever collect? are you familiar with the process?
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Old 06-28-2007, 07:59 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,114 posts, read 25,500,867 times
Reputation: 11200
Quote:
Originally Posted by kort677 View Post
sure he can sue in small claims court, and he'd probably get a judgement, now what? do you think he'd ever collect? are you familiar with the process?

Yes, familiar through a friend. Yes, they issue a judgement but you can aggressively persue it to where they will remove money from your bank account.

NJ has very strict tenant/landlord laws and the courts seem to side with the tenants unless tenant was a real horror.

in any case this landlord knew exactly what she was doing, violating a township ordinance...I think OP said a stone house with a walkout basement off Rte 24......none of those towns permit this
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Old 06-28-2007, 08:16 AM
 
Location: Savannah GA/Lk Hopatcong NJ
13,114 posts, read 25,500,867 times
Reputation: 11200
In addition OP has many more rights then he is aware of

Relocation assistance
Tenants are often forced to move from their homes because of action taken by a government agency. This is called displacement. The reasons an agency could order a tenant to move include the following:
The building is to be boarded up or torn down with government approval.
The landlord is ordered by the housing or building inspector to make repairs that cannot be made unless the tenants move.
The landlord has allowed more people to live in a unit than than the law allows, or the landlord has made a separate apartment out of a part of the building— such as an attic or a basement—that it is not legal to rent. The building is being taken over by a government agency to be used to build a school playground, a highway, a police station, a neighborhood renewal program, or some other public project.
The landlord is not allowed to rent the apartment or room because of zoning laws.
The law requires that tenants forced to move for any of the above reasons be eligible for relocation assistance. Cite: N.J.S.A. 20:4-1, et seq.; N.J.S.A. 52:31B-1, et seq.; N.J.A.C. 5:11-1, et seq.; N.J.S.A. 2A:18-61.1 g or 2A:18-61.1 h.
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Old 06-28-2007, 05:24 PM
 
Location: NJ
12,631 posts, read 22,576,541 times
Reputation: 11528
Most attorneys have free consults, I would find one that does.
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Old 08-06-2007, 07:50 PM
 
Location: NY
29 posts, read 130,025 times
Reputation: 24
Hey there ,heres a heads up,im in just about the same situation as you,theres many things you can do!! For starters file a small claims court,tell them you rented out an apartment and you DID NOT KNOW the place was illegal, she has to pay you back ALL the money that you paid her ,and yes my attorney says the lease is automatically VOID. I just moved back to Longisland from Upstate NY with my family,well i paid 1596.00 for a good moving service and i also paid 2 months security and 3 months rent in advance until my husband got work etc... well GUESS what a month later the towns slapping violation letters on my door that the apt has been in Violation with the town and he was NOT by under any circumstances supp to have this apt rented.......... but my case is diffrent because im dealing with 7,000 and taking it to civil court!! check out New York Court Help -

Good Luck Melin
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Old 08-06-2007, 09:50 PM
 
Location: Nashville, TN
2,866 posts, read 8,602,957 times
Reputation: 666
You can also ask this question free on Lawguru.com
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