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Back in 2013 me and my sister (her two kids age 10 and 16 as well) rented a 3rd floor apartment. We did not see it as an illegal apartment at all. Its actually very nice and clean. Its a 3 bedroom with a bathroom, living room and small kitchen (utilities included). When we where presented the lease it had my name and hers but I did not sign the lease only she did. (We recently noticed the basement is rented so there is a total of 4 families living in a home that is registered as two family).
About 2 years later I moved out and moved in with my girlfriend. The lease was originally for 1 year and the landlord never provided my sister a new lease. Yet she stayed there and always paid rent on time.
March of 2016, my sisters oldest child which is 16 was diagnosed with Stage 3 Hodgkins Lymphoma cancer. She kept paying rent but it wasn't easy. She never received receipts for her rent during her stay there (even though she did request them a few times). She also doesn't have a post office box because the landlord wouldn't permit it. The post office became an issue when medical officials needed to send the syringes for my nephew which contained essential medicine to combat his cancer.
When we first moved in my sister told the landlord that she wasn't able to sign the kids into school because the apartment wasn't registered (we found that out after renting the apt). The landlord said she has connections with the school and she will register him (so she did for 2 years). Mind you, its September and the kids are starting school. She needs a letter stating she lives there and the landlord will not provide us the information. The kids might miss some days of school because of this.
Here is the problem. My sister missed rent by $300 when the total rent is $1500. She explained to the landlord that she's having tough times because of his oldest son having cancer and that she will pay the rest in 1 week (the landlord didn't care about the child having cancer and wanted the rent paid. I quote, "I don't care about the cancer the rent needs to be paid"). She also said to the landlord that she needs the rent receipts for proof of rent so her son can remain with insurance. Without the receipts at this time the hospital wouldn't cover her sons treatments. (The landlord refused and kept coming up with excuses) She said that she never provided receipts in the past so she doesn't have to provide them now.
The landlord has been harassing her (texts and phone calls) and wants her to leave the apt. The issue is my sister doesn't have the funds to do so (i try to help her at times even though i'am not living with her).
August 2016, she has not paid rent for two months. She has been saving her money to move out and the landlord was aware of this two months ago. Two months later the landlord disagrees and keeps pushing her to leave. The landlord sent a letter from her lawyer giving us two months to leave. My sister is afraid to be evicted with two kids and not enough funds for moving expenses, security deposit and a months rent for a new place. The children, especially the oldest is stressing and worried.
September 10th 2016, the landlord is asking about me (the brother). She says because i am on the lease i am just as responsible for the missed rent and she will send me to collections. Mind you, i moved out months ago, my signature isn't on the lease and the lease expired a year and a half ago (I did not send a written letter stating that I was no longer living there). I have no quarrel with the landlord and left in good terms. I did verbally tell her I moved out and that I come over to see the kids to make sure they are ok.
What helpful suggestions can you provide me and my sister? Any advice will be greatly appreciated. Thank you and if you have any questions I will do my best to answer them.
Last edited by Xx NJ Renter xX; 09-10-2016 at 04:10 PM..
I wouldn't worry about being sued. It's an illegal apartment. All you have to do is show up in court and show that the apartment is illegal. City clerk should have certificates of occupancy, what the house is zoned for, etc.
However, your sister needs to find a new place to live. One that gives her an address. My understanding is that she doesn't need permission from ANYONE to get a PO box. She can just go and do it. But more importantly she has to find a place to live she can afford.
Sounds like the landlord won't provide the letter to sign the children up for school because your sister isn't paying rent.
Can you help her move? You are family, your sister needs help, the landlord should not be the one taking the financial hit. Sounds like this is a time when your whole family needs to work together and possibly live together again to get through this medical crisis.
Thank you for the reply. Could she send me to collections for any reason knowing I'm not living there? (Solairesoliice)
The whole family is in Florida except me (the brother). She doesn't have the funds to move down to Florida and the rest of the family is on a tight budget (parents are retired and my oldest brother takes care of them). I do help her with her bills when I can. She doesn't intend the landlord to pay her bills but after 2 1/2 years of being a good tenant the landlord wants to kick her out for being late one time on rent and for requesting documents that she needs to provide for the insurance to keep helping her son. (KaraG)
A few things Im fuzzy on. Doesnt she get mail? Does she pay an electric bill? Did she pay her rent with a check? Wouldnt all those be enough evidence to provide to the insurance company?
You said she hasnt paid the rent for 2 months. That doesnt make her a good tenant. The landlord will evict her, which if it shows up on her credit, she will find it impossible to rent. She needs to move.
The cancer sucks but it isn't the LL's problem, rent still has to be paid unless you have worked something out with your LL in advance, and got that arrangement in writing. I didn't find anything that requires a NJ LL to provide reciepts for rent but it was a very basic Google search so I could be missing something.
If you have checks then you have reciepts just go to your bank and pull check copies, you should have been writing the purpose on the memo line (March 2016 Rent). If you paid cash then you guys are part of the huge illegal apartment problem NY and NJ has.
You need to verify that the place is an illegal rental before you do anything more. If it is illegal then you can threaten to report it to the clerk's office/code enforcement and your LL will likely let you out of the lease, in writing. It being illegal alone may not be enough for you to just walk away from the lease though since in court you would have to have proof of it being illegal.
Very important to get the lease break agreement signed by your LL.
It was mentioned the property is two unit so it could be her unit is one of the legal ones.
Just went through this with a friend... old 3 unit building converted in WWII from a single family... the claim was made the basement unit is not legal since it does not meet current code... turns out after 6 months of back and forth the unit is legal because it was at the time of construction and has been continuously in use...
What I'm saying is that not always is it cut and dried when it comes to older buildings...
With all that your sister has going on... it sounds like the perfect time for the family to come together and get her moved and closer to family... be sure to enlist extended family, her church... childrens grandparents, uncles, etc... time is too short to waste.
The cancer sucks but it isn't the LL's problem, rent still has to be paid unless you have worked something out with your LL in advance, and got that arrangement in writing. I didn't find anything that requires a NJ LL to provide reciepts for rent but it was a very basic Google search so I could be missing something.
If you have checks then you have reciepts just go to your bank and pull check copies, you should have been writing the purpose on the memo line (March 2016 Rent). If you paid cash then you guys are part of the huge illegal apartment problem NY and NJ has.
You need to verify that the place is an illegal rental before you do anything more. If it is illegal then you can threaten to report it to the clerk's office/code enforcement and your LL will likely let you out of the lease, in writing. It being illegal alone may not be enough for you to just walk away from the lease though since in court you would have to have proof of it being illegal.
Very important to get the lease break agreement signed by your LL.
The lease reverted to month to month, so at most you'll be on the hook for the two months missed....and the 30 days prior to your sister moving out.
I would talk to the office at the school, and since the kids have been there for a few years I cannot see them questioning their address.
I'm not sure how insurance needing an address has anything to do with this. Obviously the insurance has been active, nothing should have changed....how would they know anything about a possible move...So that doesn't make sense to me.
Unless your nephew is on Obama care, which then would mean there is someone that is a casemanager...so that would possibly be someone that your sister could contact for help re: emergency housing.
If your sister can find just one advocate that works in the system, they can often do something to push and help her in a dire situation like this. Even the medical staff where your nephew goes for cancer treatment. Your sister needs to start networking with all contacts....it does help.
Perhaps your sister needs to talk to a caseworker at HUD or any program that she is involved in regarding assistance. She hasn't paid rent in 2 mths, and that should have been going towards another apartment.
If she hangs on til eviction, she'll have more saved...But, she will need help, so a caseworker might be imperative....they can pull strings.
I'm sorry for your young nephew going through this horrible illness. This might be something that will aid your Sis in getting faster results re: housing assistance though.
Originally Posted by Xx NJ Renter xX;45437270/quote
.......What helpful suggestions can you provide me and my sister? .......
Your sister hasn't paid the rent for two months. She needs to get out. It's unfortunate about the medical bills, but the landlord did not adopt your sister and her family so he should not be expected to provide them with a free place to live.
Where does your sister get her mail? Anything with her name and that address on it should be enough proof that she lives there for the school system and I can't think of any reason why the insurance company needs proof of address.
Your sister might try applying for Section 8, food stamps, and other welfare. Sometimes a church will help with deposits to move or with back rent in order to stop an eviction. But whatever, your sister can't just think she can continue to live there for free; she needs to take action and stop being passive and just hoping nothing bad will happen to her as long as she continues to ignore her housing problem.
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