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I rented an apartment with a friend, after a year we extended our lease. After only one month on the new lease extension, she moved out with no notice. I made an effort to have my boyfriend move in, only for the landlord to wait until the day before the next's month rent was due to show up at the apartment at 9pm at night with a new lease and asked for my bf's portion of the security deposit...which my bf said absolutely not to (I figured the original security deposit should still used) . During the entire first month after my roommate moved out, I could not get my landlord on the phone. There was no new lease signed on my end after my roommate moved out (my landlord believed every sob story my ex roommate told him, and from encounters afterwards with him actually seemed to take her side). I pay my rent on time, and never give the landlord any issues.
When we first moved in to the apartment I realized the shed in the backyard was being rented out as storage space to two men who would occasionally show up to get into the shed. I've looked into this matter a little and I believe the landlord not disclosing this, is enough to void the lease. They also use the basement as their own storage for construction material and are on the property (it's a two family) at least 4 times a week (them having use of the basement as storage was not disclosed either).
The landlord originally told me we could install a fence at our own cost when we first moved in, and since I have a dog I went out and got temporary fencing (almost like you'd put around a garden to keep deer out). The landlord tore it out and threw it across the yard then called me and screamed at me, told me he gets violent when he's angry and that I must be stupid. The house is in TERRIBLE shape. I had to get the carpet professionally cleaned twice when we first moved in. They didn't provide an outside garbage can, so my boyfriend went out and bought one that both me and my downstairs neighbors uses (only 2 times a week pickup for garbage). They took my recycling bin and tell me to use one little one (recycling is picked up once every two weeks), until I told him no and finally went out an bought an additional one.
The landlord has thrown out personal belongings of mine in the backyard that were NOT bolted down (a hose which was hooked up to MY water faucet, my newspaper subscription the day it's delivered, my dogs leash that I had forgotten to bring in...I can go on and on).
There is no railing near my "front door" steps (which is really not a legitimate door since it opens outwards, and if a fire every happened, you can not kick this door in.) He continuously turns our "front door porch" light and driveway light off leaving us NO light to even see the steps..I can't even SEE the doorknob to be able to put my key into it. There is no lighting near the garbage can and of course there's always some sort of wild animal near them. He replaced the windows over a year ago but still has tar paper over the windows he covered up without permission and the siding was never fixed (the place looks like a dump, and IS).
Almost every time he sees me he has some new issue with me and SCREAMS at me. Because of not having lighting near the garbage, if my dog goes to the bathroom on a walk, I will put the bag of poop near the steps so I can take it out in the morning (I have never left it there for more than a few hours and never more that one bag of poop) but every time I see the landlord he tells me how I leave "bags of dog **** all over the place". The people downstairs also were treated the same and moved out just this passed weekend.
Here's my questions:
My original lease with my roommate would have been up in June 2014, but I am so sick of living here and being harassed (he's even made comments that he watches everything I do, which of course freaked me out) and living in this type of environment, I want to give 30 days notice and leave by February 1st. He did say during the last screaming match that I can move out too just like my roommate, which I think may hold up in court as letting me out of my lease, I'm not sure though.
I KNOW he'll bring me to court because he is bringing my downstairs neighbor to court and they didn't even have a lease with him. Based on my roommate moving out (maybe he didn't let her out of the lease, which if he did wouldn't that make the current lease a month to month lease for me).
Can I get out of this lease (if it's even not voided by him not disclosing things) and not have him come after me for rent sometime down the line. Does him not making repairs, or even closing off the windows in my unit and downstairs get me out of my lease (I think I had read somewhere that if there are big cosmetic/structural changes made, that it's grounds for a voided lease) I may be reaching here, and I know it can be worse but I can NOT live here for another few months. Oh, and also they will be doing renovating on the downstairs apartment soon (they were on the property at 9pm last night and 7am this morning), and if it's anything like when they did my windows it will be HELL. They are here all day everyday and LOUD, messy and bothersome. I still have broken glass in my "mulch" from October 2012 when they redid my windows.
Last edited by ead1011; 12-30-2013 at 10:44 AM..
Reason: spelling
My advice: New Jersey is a one party state, meaning only one party to a conversation needs to know and consent to recording of any conversations. Go to any electronics store and buy a small digital recorder (costs $30-$60 depending on the model) that you carry with you everywhere you go. Any time he acts in an aggressive or harassing manner, use the recorder to document it (without him knowing, if possible) and/or call the police if you actually feel threatened. Any time he does things like disconnecting your water hose or removing your temporary fencing, call him and calmly and professionally ask him about it. Use the recorder to document his outbursts.
After a couple times of that, find yourself a new rental, give the notice as required under state law and move. If he comes after you or tries to withhold your security deposit for anything other than a bonafide damage to the property, you have the evidence to defeat his claim or prevail in your own.
I rented an apartment with a friend, after a year we extended our lease. After only one month on the new lease extension, she moved out with no notice. I made an effort to have my boyfriend move in, only for the landlord to wait until the day before the next's month rent was due to show up at the apartment at 9pm at night with a new lease and asked for my bf's portion of the security deposit...which my bf said absolutely not to (I figured the original security deposit should still used) . During the entire first month after my roommate moved out, I could not get my landlord on the phone. There was no new lease signed on my end after my roommate moved out (my landlord believed every sob story my ex roommate told him, and from encounters afterwards with him actually seemed to take her side). I pay my rent on time, and never give the landlord any issues.
Your roommate who left couldn't have been removed from the lease without the consent of all parties, i.e. you, the roommate and the landlord. If you didn't sign agreement then, in effect, your roommate was off the hook when the lease expired. If you didn't sign a new lease then you're on a month to month and only have to give 30 days notice or whatever's required in your state (see links to state landlord tenant laws in the first "sticky" on this page).
When we first moved in to the apartment I realized the shed in the backyard was being rented out as storage space to two men who would occasionally show up to get into the shed. I've looked into this matter a little and I believe the landlord not disclosing this, is enough to void the lease. They also use the basement as their own storage for construction material and are on the property (it's a two family) at least 4 times a week (them having use of the basement as storage was not disclosed either).
I believe you're incorrect. Unless the shed, the back yard and the basement are included in your lease, you have no occupancy right to them and cannot claim such.
The landlord originally told me we could install a fence at our own cost when we first moved in, and since I have a dog I went out and got temporary fencing (almost like you'd put around a garden to keep deer out). The landlord tore it out and threw it across the yard then called me and screamed at me, told me he gets violent when he's angry and that I must be stupid. The house is in TERRIBLE shape. I had to get the carpet professionally cleaned twice when we first moved in. They didn't provide an outside garbage can, so my boyfriend went out and bought one that both me and my downstairs neighbors uses (only 2 times a week pickup for garbage). They took my recycling bin and tell me to use one little one (recycling is picked up once every two weeks), until I told him no and finally went out an bought an additional one.
The landlord has thrown out personal belongings of mine in the backyard that were NOT bolted down (a hose which was hooked up to MY water faucet, my newspaper subscription the day it's delivered, my dogs leash that I had forgotten to bring in...I can go on and on).
There is no railing near my "front door" steps (which is really not a legitimate door since it opens outwards, and if a fire every happened, you can not kick this door in.) He continuously turns our "front door porch" light and driveway light off leaving us NO light to even see the steps..I can't even SEE the doorknob to be able to put my key into it. There is no lighting near the garbage can and of course there's always some sort of wild animal near them. He replaced the windows over a year ago but still has tar paper over the windows he covered up without permission and the siding was never fixed (the place looks like a dump, and IS).
Almost every time he sees me he has some new issue with me and SCREAMS at me. Because of not having lighting near the garbage, if my dog goes to the bathroom on a walk, I will put the bag of poop near the steps so I can take it out in the morning (I have never left it there for more than a few hours and never more that one bag of poop) but every time I see the landlord he tells me how I leave "bags of dog **** all over the place". The people downstairs also were treated the same and moved out just this passed weekend.
Unless you documented in writing by letters to the LL about these issues, they're moot.
Here's my questions:
My original lease with my roommate would have been up in June 2014, but I am so sick of living here and being harassed (he's even made comments that he watches everything I do, which of course freaked me out) and living in this type of environment, I want to give 30 days notice and leave by February 1st. He did say during the last screaming match that I can move out too just like my roommate, which I think may hold up in court as letting me out of my lease, I'm not sure though.
I KNOW he'll bring me to court because he is bringing my downstairs neighbor to court and they didn't even have a lease with him. Based on my roommate moving out (maybe he didn't let her out of the lease, which if he did wouldn't that make the current lease a month to month lease for me).
If you have no new lease he can't prevail in court if you give him the required written notice. Be sure to clean the place meticulously (I'm assuming you don't have pre move-in photos) and take dated photos of the way you leave it.
Can I get out of this lease (if it's even not voided by him not disclosing things) and not have him come after me for rent sometime down the line.
Yes, as noted earlier.
Does him not making repairs, or even closing off the windows in my unit and downstairs get me out of my lease (I think I had read somewhere that if there are big cosmetic/structural changes made, that it's grounds for a voided lease)
No, not unless you addressed these requests in writing - even if via email or text as long as you have them saved.
I may be reaching here, and I know it can be worse but I can NOT live here for another few months. Oh, and also they will be doing renovating on the downstairs apartment soon (they were on the property at 9pm last night and 7am this morning), and if it's anything like when they did my windows it will be HELL. They are here all day everyday and LOUD, messy and bothersome. I still have broken glass in my "mulch" from October 2012 when they redid my windows.
It sounds as though your lease wasn't renewed so, if that's the case, your concerns are moot. Give your LL the required notice in writing (best to mail it return receipt certified) and do as suggested above. Good luck!
I DID take photos before we moved in!! and all throughout my stay here because I heard (literally the day after we moved in) that he was a lunatic and always took tenants to court. I ended up going to my towns housing department yesterday and I am waiting until Thursday to speak to person who's in charge of all these things, but the two people I spoke to pretty much told me this unit is not listed as a 2 family. And also, I never signed a certificate of occupancy when I moved it, which from what I read on NJ's website for my county I BELIEVE this makes my unit illegal. I'm hoping not having the CO can get me out of this lease...any advice?
My advice: New Jersey is a one party state, meaning only one party to a conversation needs to know and consent to recording of any conversations. Go to any electronics store and buy a small digital recorder (costs $30-$60 depending on the model) that you carry with you everywhere you go. Any time he acts in an aggressive or harassing manner, use the recorder to document it (without him knowing, if possible) and/or call the police if you actually feel threatened.
Good luck.
As annoying as having to carry a recorder around (my luck the ONE time I forget it while I'm out he would accost me). I usually always carry my cell phone so hopefully that'll come in handy. As for the police being involved, as much as I hate doing that I think that'll what I'll end up having to do. At least it will be documented with them. Once I have ANY contact with him, I'm sure it'll be a matter of time he loses it when he sees me.
I DID take photos before we moved in!! and all throughout my stay here because I heard (literally the day after we moved in) that he was a lunatic and always took tenants to court. I ended up going to my towns housing department yesterday and I am waiting until Thursday to speak to person who's in charge of all these things, but the two people I spoke to pretty much told me this unit is not listed as a 2 family. And also, I never signed a certificate of occupancy when I moved it, which from what I read on NJ's website for my county I BELIEVE this makes my unit illegal. I'm hoping not having the CO can get me out of this lease...any advice?
A tenant does not sign a certificate of occupancy. A certificate of occupancy is given to someone who either builds or renovates an existing building. It's way too complicated to go into here but a COA is not your concern as a tenant. BUT ...
If the apartment in which you're living is an "illegal" apartment then you have legal grounds to break your lease. However, from what you've said, you don't currently have a lease and are on a holdover month to month agreement.
I'm not sure what you're looking for. Give your LL in writing the notice required in your state for a month to month tenancy and have done with it.
If the LL allowed the ex-roommate to move out with no financial consequences, that would effectively break the lease. Therefore, you would be on a month to month agreement and could just give 30 days notice anyway, as you thought.
You might want to get legal help, anyway, to be sure.
I think you should start by assuming this, and give 30 days notice. Short and sweet. I wouldn't go into all the habitability problems or harassment, etc. You'd have to give him notice to repair, wait for him to have time to repair, yadda yadda. If your mission is to get out quickly, I wouldn't go that route.
Dear LL:
This is my 30 day notice to vacate the rental at _____________________________(address). As you allowed my roommate, ___________________________(name) to vacate without any further financial obligation on _________________(date), our rental agreement became a month-to-month agreement between you and I. Per a month-to-month agreement, a 30 day notice is all that is required to vacate.
Please return my security deposit to my forwarding address below.
Cheers,
You
Forwarding Address
If you should go to court, I'd stick to the above as your argument.
Just FYI, you are allowed to break a lease in NJ anyway. Then a LL is required to mitigate damages - he must try to re-rent asap with reasonable effort, and can only charge you any additional rent until it's rented plus advertising costs.
If he takes you to court and you lose somehow, you can appeal with the mitigation requirement.
Last edited by NoMoreSnowForMe; 01-02-2014 at 09:10 AM..
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