I need legal advice-landlord problem in NJ

[DainBramaged]

I have rented the upper floor of a two family home in NJ since August of 2003. I initially rented the apartment with a 1 year renewable lease. At the time of rental, I was charged three months rent in advance with two being used as security because I own a dog (which I just found out was against the law-Cite: N.J.S.A. 46:8-21.2.). Additionally, the property was never registered as a rental property and a Certificate of Occupancy was never acquired. I was also never informed where my security was held or how much interest had accrued.

I am vacating the premises (per certified letter to the landlord April 1). Additionally, I have notified the owner via certified mail that due to his failure to notify me of accrued interest, they are to use half of my security as the final month's rent (Cite: N.J.S.A. 46:8-19(c)). In June of 2004, the owner placed the house on the market for sale and did not renew my written lease. From that time until today, Realtors have been showing up without reasonable notice and are asking to view my apartment without my being present. I also have a dog (which I had written permission from the landlord for within the lease) and Tennant's/renters insurance.

Last night, the Realtor and landlord show up at appx. 7PM and without notice. They then called the Police to force me to show the apartment. The police claimed I had to show the apartment or I'd be arrested. They claimed that without a written lease, I had no right to prevent them from showing the apartment and that the landlord could show it anytime he liked. I thought that I had “exclusive possession” even though the lease had expired (Cite: N.J.S.A. 46:8-10).

All leases, whether written or oral, give the tenant “exclusive possession” of the dwelling unit. This means that only the tenant, or members of the tenant’s household, or people the tenant allows in the house or apartment, have the right to be there. The landlord does not have the right to come into the house or apartment whenever he or she wants. In a written lease, the landlord’s duty to not enter the tenant’s house or apartment is called the covenant of quiet enjoyment. This covenant (promise) means that the tenant has control over who can or can’t come into his or her apartment or house. Cite: Ashley Court Enterprises v. Whittaker, 249 N.J. Super. 552 (App. Div. 1991).

Does anyone know what my rights are in this matter?

[LiberalEsto]

1. Try this site

http://www.lsnjlaw.org/english/placeilive/rent/tenantsrights.cfm

[DainBramaged]

5. I printed that and refered to the cites last night

But the cops said 'it doesn't matter'. Now they're lawyers too. Pure bullshit.

[WilmywoodNCparalegal]

2. Wow...

everyone seems to have real estate related legal issues today :)

I am not super experienced in RE matters; my field is corporate immigration. But I'll try to help anyway.

An unwritten lease is hard to enforce. However, I do believe that they are supposed to give you fair notice before barging in the apartment.

My best suggestion? Contact the local bar for a RE attorney referral.

BTW, where in Jersey?

[DainBramaged]

4. Morris County

I've emailed 3 attorneys and called 2 of them and no response yet.:mad:

[oneighty]

3. New York State Bar Assoc

An owner may enter a rented unit to inspect the premises, make repairs, supply services, AND if lease so provides, to show the property to prospective purchasers, tenants and others. The owner may enter only at reasonable times and if the lease provides only after advance notice.

For what it is worth. Perhaps ask your local bar association. That is where I got the information concerning owners/tenants rights. Tenants have a lot of rights.

180

[Nailzberg]

6. Not up on NJ law, but can't you legally have your landlord whacked?

As long as it's not personal but business, I think you can.