illegal apartment Newark,nj (city hall, rent, lawyer)

[ao8389]

So beginning of November I go to pay my rent like always and as soon as the landlord takes my check he tells me he needs me gone because his daughter needs a place to live. We always pay our rent on time and I have checks and receipts to prove it. The following morning I went to city hall trying to find out if this was possible for them to do and what where my rights. I was directed into zoning office the lady ran my address and asked what floor I lived on I told her ground level which is the apartment behind the garage. She told me my apartment was illegal it violates zoning because its registered as a two family not three. I was able to get a copy of the letter for my proof. I took it to the landlord tenant court to find out what this all means. I was told to bring the proof into court because I cannot be evicted without going to court. I did all my research online and found out that there is no such thing as rent being collected on an illegal apartment and once the tenant finds out its illegal they can stop all payments made to the landlord so I called my bank and had my checked canceled. I wrote the landlords a letter telling them why I put a stop to my check and that I found out that they have been renting me an illegal place for the past 9months and that I will no longer be paying rent for this illegal apartment and requesting my deposit back and relocating fees so that we can move out this illegal apartment with our kids. They have yet to respond but yesterday she told us that she will be taking us to court for canceling that check (non payment of rent) and that she will pay us nothing. She wants us out right before Christmas because her daughter is going to give birth this is my first apartment so I just wanted to hear some opinions on this and no I don't have the money to just pick up and move with two kids. How do they expect me to save the security deposit plus first months rent and find a place before the holidays.

[ALackOfCreativity]

Originally Posted by ao8389

. I did all my research online

Local laws vary and there is a lot of misinformation going around; see a lawyer. I mean, at this point you're about to get sued so unless the landlord is willing to drop the lawsuit in return for you voluntarily leaving ASAP (and it doesn't sound like you are necessarily willing to offer that) it's not really even a choice at this point.

[ao8389]

Originally Posted by ALackOfCreativity

Local laws vary and there is a lot of misinformation going around; see a lawyer. I mean, at this point you're about to get sued so unless the landlord is willing to drop the lawsuit in return for you voluntarily leaving ASAP (and it doesn't sound like you are necessarily willing to offer that) it's not really even a choice at this point.

I'm not being sued and cant be sued on this illegal apartment. The law for new jersey states that there is no rent to be collected on an illegal dwelling and I cant be evicted without being taken to court and I have all the evidence I need to prove this place is illegal. I don't see what I can be sued for

[Klesone]

In order for the landlord to try & evict or sue you, they must get a voter date 1st. Which because thanksgiving is the week , won't be until the 2nd or 3rd week in December. Even then you have all your proof & no judge will just put your family out on the streets.

You did a lot of the research , and you can go to legal aid on commerce St to get a lawyer for free or little cost when that time comes.

In the meantime you should be looking for another apartment.