Illegal apartment with no lease, landlord dies and owner wants us out in 2 weeks! (low income, 2015)
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Ruthless and inconsiderate? She's forgiving the month's rent you owe. Use that money to move. Don't wait for the court order to evict, you will have a very difficult time renting anything else with a recent eviction on your record.
But that's my point- she does need a court order, right? She can't just verbally kick us out, and especially in such a short time I assume.
And I'm behind on the rent because I don't have any money. If I wait for the eviction, at least that will buy me some more time to save up for a deposit. And on the other hand, since it's an illegal apartment, rent can't be owed in the first place, so technically I don't have to pay it, or am I wrong? I also was reading about relocation assistance- if that applies here, she would end up paying me.
I was forced into this situation- my landlord died. so I don't know how it would even count as an eviction. What would be the grounds?
And I call her inconsiderate because what kind of person would give a struggling family with a young child two WEEKS to pack up their lives and move into a new home? I think the term inconsiderate fits perfectly.
How terribly inconsiderate of the actual owners of the house to ask that you move out of their house when you have not paid your rent. The gall of these people!!! Why, I think you should take full advantage of the old man's death and make those people evict you- don't pay for months! Make someone else pay to support your family!
Preface: I am not a lawyer.
Minimum of one month notice if your tenancy is considered month-to-month (which it sounds like it is). If it's considered a tenancy at will, three months notice. Even if they boot you out for not paying the rent, they still have to give certain notices.
Since this is a two-unit owner occupied residence, they likely don't need any grounds besides that you don't have a lease, and in any case if you're late with the rent they've got grounds.
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.
I think this is absolutely ridiculous to be forced into this situation by this ruthless and inconsiderate woman.
I don't know if you're going to find much sympathy here, OP. You had a ridiculous deal ($600/month including utilities in central NJ??) and didn't pay your rent. Now the owner died. Did you really expect to keep living there rent-free?
The advice you get here is worth exactly what you're paying for it. You need to seek legal counsel and start looking for a new place ASAP.
But that's my point- she does need a court order, right? She can't just verbally kick us out, and especially in such a short time I assume.
And I'm behind on the rent because I don't have any money. If I wait for the eviction, at least that will buy me some more time to save up for a deposit. And on the other hand, since it's an illegal apartment, rent can't be owed in the first place, so technically I don't have to pay it, or am I wrong? I also was reading about relocation assistance- if that applies here, she would end up paying me.
Where were you going to find the money for next month's rent?
Are you saying that because the apartment is illegal, and you have no money, you should just stay there until you have the money to leave? I'm just curious (and I am really not judging you, since I was once in a situation where I really struggled to pay my rent).
I was forced into this situation- my landlord died. so I don't know how it would even count as an eviction. What would be the grounds?
You have no right to live there because it is an illegal apartment, you have no lease, and you are not paying any rent.
And where is your fiance in all this? Is he contributing to the household?
And I call her inconsiderate because what kind of person would give a struggling family with a young child two WEEKS to pack up their lives and move into a new home? I think the term inconsiderate fits perfectly.
I agree that two weeks in a very short time to find a place to live.
Perhaps there is some public housing in Monmouth County you can live in, at least on an emergency basis, especially since there is a child involved.
I don't know if this link is the latest info, but you could try it.
See if you can contact any of these agencies on Monday!
Also, I found this article written by a lawyer in 2012. I have no idea if this is still in effect. The article states that "The illegality of the apartment can trigger a tenant's right to relocation benefits (six times the monthly rent)."
Only a judge can evict you from your apartment in NJ. The landlord will have to go through the eviction process which takes time. Only a special court officer, with a warrant for removal, can physically remove you.
You can fight the eviction and drag it out but it would be in your interest to pay your rent, on time, every month, or put the money in escrow to show that you tried to pay the rent. If you do not pay or put aside your rent, the eviction process goes faster and you will not be entitled to any relocation monies.
You may also want to negotiate with the landlord and get "keys for cash". This is when they give you money to move out sooner because it would be cheaper and faster than fighting it in court.
If the landlord were to lock you out, or shut off utilities, they could be arrested and could face jail time so that probably will not happen.
I suggest you contact your local legal aid office and get advice from a lawyer (if you qualify).
If this is an owner occupied, less than 3 unit house, then less rules apply - but I am not if sure that your situation. If this is the case, a one month notice is required.
Last edited by foodyum; 03-01-2015 at 01:53 PM..
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