Legal Question in Real Estate Law in New Jersey

I live in newark new jersey , going on 4 years in a commercial/residental building. My lease expired in june and I did not sign another. I continued to pay 1300/mon. In sept I had an infestation of mouse and paid out of pocket over $1000.00. The landlord works on the 1st floor of the said building and said he did not see the rats. I went next door on the roof and found big rotted holes in the building which took the landlord three months to fix. After he fixed some of the problems. he said the taxes went up 16% in newark and now whats to increase my rent immediately 16%? By law can he do this?


Asked on 11/29/10, 12:29 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

A lot depends on whether you are residing there or running a business.

Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Attorney 201-820-3460

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 12/06/10, 7:06 am
Walter LeVine Walter D. LeVine, Esq.

It sounds like multiple issues are involved; getting reimbursed for the infestation remediation (if you can prove it and have timely presented it) plus the immediate rent increase. I have not seen your original lease, and there may be language about how a "holdover tenant" is treated. A holdover tenant is one that stays in the building after the lease has expired and become a month-to-month tenant. Typical leases specify that in holdover situations, new rents can be charged, and there is no limit. A new rent can be charged upon 30 days' written notice. Finally, you do not say if you are a residential or commercial tenant or if the building has rent control. More information is needed to provide better than a general response. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/07/10, 8:46 am


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