Legal Question in Landlord & Tenant Law in New Jersey

My parents are facing a problem with renting out an illegal basement apartment located in NJ. The tenant was told about it before renting and of course to save money they were ok and in agreement. A couple of weeks ago tenant started having an unauthorized tenant (boyfriend) live with her. After confronting her about it and her not being happy she called the city to let them know about the apartment. Now she's seeking 6months rent in order to vacate property (which she can), but is there anything that can be argued back about her involvement? Since she was aware of the situation is there any fault in her helping create an illegal act and causing harm to her situation in relocation fees, etc?


Asked on 4/28/12, 9:02 am

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

this is going to take some careful legal advice. that statute punishes landlords severely, 6 month's rent. call me if you like.

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Answered on 4/28/12, 7:24 pm
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

While it is a strict liability statute, it will certainly be a great argument for a court to consider the illegal occupant's complicity (involvement.) That has not yet been argued as far as I know.

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Answered on 4/29/12, 10:57 am


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