Legal Question in Landlord & Tenant Law in New Jersey

required hud repairs and lease renewal

I bought a duplex last year. The bathrooms had been recently re-done and we re-did the kitchens, painting and carpeting. I rented the smaller unit through the Middletown, HUD agency. They came out and did an initial inspection and gave us a CO to rent. They recently did their annual inspection and we received a ''failed'' notice in the mail. It said that the railing going up the front steps was loose, the bathroom tiles were cracked and worn, the toilet was loose and the floor felt ''punky''. The also said that if these items were not corrected within 30 days, they would withhold the rent from us. My husband and I inspected the unit last night and it looks like the tenant let the water run onto the bathroom floor from the shower, resulting in water damage. What do I tell HUD? Do we have to fix the damages or does she? Can we use her security for repairs? Should we just fix the problems with our money? Her lease is up August 1, 2004. How much notice do we have to give her to let her know we are not renewing the lease? Can we list the house for sale, while she is residing there?


Asked on 5/15/04, 10:27 am

1 Answer from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: required hud repairs and lease renewal

The tenants are protected by the Anti-Eviction Act, NJSA 2A:18-61.1. As such, the end date of the lease does not terminate their right to continue to occupy the premises. You need an attorney that concentrates his practice in this area to assist you. I would not do it alone. I understand your case completely, and we would be happy to assist you. We have 8 attorneys and a support staff of 12. We represent numerous builders, real estate developers, owners, contractors, architects, condominium associations, property management companies as well as the United States Department of Housing and Urban Development. We also represent the United States Department of Justice in foreclosure matters in New Jersey. HUD has also named two of our firm's attorneys Foreclosure Commissioners.

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Answered on 5/17/04, 9:49 am


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