Legal Question in Real Estate Law in New Jersey

I am renting the second floor in my home for extra income to help with the bills, an accidental landlord, you could say, and came to find out after the fact there are no legal 2 family homes in the town I live in. The tenants have been destroying my home, it is NOT uninhabitable unless their making it so, refusing to pay over ridiculous reasons that has nothing to do with vital facilities, they are just the type of people to act one way whe they move in then claim their are 50 issues we're ignoring but only letting us know in part through texting. Then when we try to go up to look, they refuse to let us in. No official list of repairs needed sent to us, no fixing it themselves and deducting from the rent, just not paying and riding out the free ride. Believe me, my husband realizes now how naive and ridiculous it was to rent to them, hindsight is always 20/20. They move in, then claim everything is broken while purposely raising our utility bills in an effort to keep us broke, after we have helped them more then I can say, helped them move, did their laundry for them since they were too lazy to walk downstairs and do it themselves, paid for a hotel for a short week while we repaired the hot water then cost us an extra $200 by flooding the hotel room and things like that, thus making it take longer to evict them because they are costing us a great amount of money. We are currently registering the rental so that we can legally take them to court. Im aware the law favors tenants in NJ which I find utterly unfair in our situation. Yes I know we should've researched the fact we cant legally rent out the apartment in our home but that point is moot as its already done. They have basically ben living rent free for months, never made any official requests for repairs yet are withholding rent. How can you fix a broken door or whatever thing they claim if they won't let you in and refuse to communicate and call the cops if you knock on their door? I had to file a complaint after being harassed by the tenant for cursing and yelling at me in front of my children because I actually caught him outside and kindly asked him to pick up his garbage in my yard. My question is: if it is an illegal rental, are they technically by law NOT legal residents of the town then? If so, it would greatly help me get them out because they have a child going to school and if he's not a legal tenant, then shouldn't he not be a legal resident, therefore not allowed to attend school by law until they live somewhere legally? Please give me some advice. Thank you


Asked on 10/27/10, 12:12 pm

1 Answer from Attorneys

Robert Davies The Davies Law Firm, P.A.

You have a really serious problem. These are awful people, and they are wrecking your house and causing real harm. But it is probably an illegal apartment. Big problems.

You need a lawyer to help you. You are at risk to lose some serious amounts of money!

You need to get these idiots out of your house, and you need to know what the problems are that you may have.

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

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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 answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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 11/01/10, 12:34 pm


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