Legal Question in Landlord & Tenant Law in New Jersey

Re: illegal apartment

I cannot tell exactly what you mean by illegal apartment.

If you are landlord and tenant, you have the absolute right to remain unless the landlord has grounds for eviction under the law. The landlord cannot just get rid of you because he/she feels like it. If you wish to stay, you should consult with an attorney who can review your lease and discuss your situation.

Even if there are grounds for eviction, you cannot just get "kicked out." The landlord can only regain possession by way of legal process, which is an action for eviction followed by a warrant of removal. That can take 3-6 weeks. Practically speaking, if you do not pay rent in order to save up your money for a new place, your landlord may file an action for eviction, and you may ultimately be removed before you have saved up enough money for a new place. Even if you get a couple months rent free before eviction, you could get sued later on for any rent owed. Then again, you may have a defense to any eviction action, or at least a temporary one, if the apartment is illegal and the landlord has not registered the lease.

Finally, if you are not landlord and tenant, but just living on the premises with the owner's permission, the owner may have to file an action for ejectment rather than proceed in landlord-tenant court. If is unclear if this is relevant to your situation.

Therefore, I suggest that you seek the assistance of an attorney to discuss your situation in greater depth and to discuss the specific facts.

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