Legal Question in Landlord & Tenant Law in New Jersey

Landlord rented illegal apartment

my landlord signed a lease with me from 4-1-05--name removed--3-31-06, now shes asking me 2 move at the end of the month because she rented me the apartment without having a certificate of occupancy. i have given her security and two months of rent already . what will happen 2 me and my children?? what rights do i have?


Asked on 5/13/05, 9:16 am

3 Answers from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Landlord rented illegal apartment

A tenant in New Jersey may only be evicted pursuant to the Anti-Eviction Act. I have handled a number of cases in New Jersey on behalf of tenants. Please feel free to contact me at 973-605-8995 or at [email protected]

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Answered on 5/13/05, 3:30 pm

Re: Landlord rented illegal apartment

A Lease is a binding contract and even if it is not expressly stated in the Lease, by renting to you the Landlord is implying that she had legal authority to do so. She cannot change the Lease and cannot evict you on her own.

Ask to see the official notification from the municipality if she received one. Whether she did or did not receive such an official notice, unless the nature or extent repairs necessary to obtain a CO absolutely require you to vacate the premises, I cannot see imagine any municipal official or Landlord/tenant judge is going to make you do so.

Even if the house had to be vacant for a period of time if the required repairs were extensive, the are several legal grounds for potentially making your landlord pay to put you up in alternatate housing even if it means paying for a hotel suite. You hold almost all the cards here. Stand your ground but do see an attorney experienced in landlord/tenant law to make sure your rights are protected. You may well be able to recoup the cost of your attorney's fees also but this is not guaranteed.

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Answered on 5/14/05, 4:45 am
Michael Carroll Michael D. Carroll, L.L.C.

Re: Landlord rented illegal apartment

It may depend on what the lease provides, but I would expect she would have to provide the CO. Most leases state that the unit is ready for occupancy.

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Answered on 5/13/05, 11:36 am


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