Legal Question in Landlord & Tenant Law in New Jersey

raise rent out of retaliation

We have rented our house for 8.5 yrs. Our landlord is slow to make repairs if he makes them at all, so we sent him a certified letter stating the problems, also that we refuse to pay for the utilities for the room he rents to 3 mexicans in the basement illegally. He was terribly upset over this letter and said he is now making up a new lease that we won't like. Our lease expired last August when we had our rent raised 100.00 and he never gave us a new one. Can he raise our rent now before this August? Also, can he raise it so much that we can't afford it? He said that if he has to, he will rent to family temporarily to get us out in 90 days.

Thank You


Asked on 1/06/04, 9:52 pm

1 Answer from Attorneys

John Pinho John Pinho

Re: raise rent out of retaliation

Once your lease expired, you became a month to month tenant. If you are presented with a new lease, the landlord will have to give you 30 calendar days (one full month) to accept the lease, and it will take him another 60 days before he can file an action to evict you for your failure to enter into a new lease. Since I do not know all the facts of your case, I cannot tell you what a judge would likely do if he brings the action for your failure to sign the new lease. If the terms are in retaliation for you complaining, the judge may find them unreasonable. If there are illegal apartments in your residence, the local building department may be interested in that. Calling the building department on your landlord does not solve your problem it just creates one for the landlord. You may want to exchange the fact that you will live with the new tenants, but not without the repairs... otherwise you know your rights and will be forced to use them... and nobody wins.

John M. Pinho

www.DaSilvaPinho.com

Please note the above answer is based on limited facts and since I did not have the benefit of a full consultation where all the facts can be explored including the venue of the matter nobody should take the above as legal advise. It is just an opinion based on limited and assumed facts. If you wish, you can make an appointment to consult with me in person.

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Answered on 1/06/04, 10:55 pm


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