Legal Question in Landlord & Tenant Law in New Jersey

illegal apartment with a twist

I was recently informed by the local zoning department that the basement apartment that I have been renting on a month to month for the past 7 months is illegal. I believe the landlord would owe me 6months rent in relocation assistance, however the very same day that I was informed, a representative for the bank informed me that the house had been taken back in forclosure. Apparently the house had been in pre-forclosure prior to me renting, and that there had not been one mortgage payment since. Do I have recourse? Since the bank now owns the property, does she have right to come back in? Can I hold her personal property in leau of payment? Am I out the money because I havent made a payment to the bank on the illegal apartment? etc etc etc


Asked on 2/17/08, 8:08 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: illegal apartment with a twist

If you are damaged by the unauthorzed apartment or the foreclosure, you can recover those damages in a suit against the landlord.

If you are on a month-to-month arrangement, you have no continuing right to occupy the apartment. Unless you have different information, it makes little sense to make payments to the bank because they will probably file to evict you as soon as it is convenient for them. It would seem that the best course would be to stop paying rent so that you will exhaust any security deposit entitlement that you may have. Look for a different place to live. When things come to a head and you move or are evicted, your damages against the (former)landlord will be clear. Perhaps there will be no money damages by then.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/17/08, 11:09 am


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