Legal Question in Landlord & Tenant Law in New Jersey
Landlord taking away use of basement
When I moved into my current apartment two years ago I was told I could use the basement for storage of some boxes and my bike that i use on occasion. I was given a key to the outside basement door upon my request so that it would be easier for me to take out my bike and put it away. We also have a door from our apartment that leads into the basement. Recently I had a couple of friends over and they accompanied me on a short trip into the basement. None of the landlord's posessions were disturbed. He somehow knew that I brought a couple of people down there and that very night he locked the apartment basement door from the inside so that we couldn't go back down. He did this without informing us. I unlocked it by entering the basement from the outside. Somehow he knew i did this and locked it again. I received a letter the next day saying he never said i could have guests in the basement and that his personal projects were disturbed and I must surrender my key to the outside basement door and have all my stuff out of the basement within one week. The door from our apartment to the basement is still deadbolted from the inside. Can he do this? There is nothing in the lease about basement storage but this doesn't sit right with me.
1 Answer from Attorneys
Re: Landlord taking away use of basement
Apparently, you do not have a written lease which defines the space which you have the use of. If you are month to month the landlord can change the terms of your lease with adequate notice and then you will have to chose between vacating the premises or accepting his terms. Currently, you are entitled to whatever verbally promised you.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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