Legal Question in Landlord & Tenant Law in New Jersey
lease renewal and rent increase
My landlord has increased my rent 8% in my new lease, the apartment complex I am in is under construction, the living conditions are horrible and there is constant noise all the time, I have no privacy as there are workmen walking past my windows all the time, I have been without electricity and water for hours at a time and they have cut my cable 8xs which left me with no tv or internet for days at a time, last year my rent went up 7 1/2 %, when I had first moved in here the rent only went up 2 1/2 %, also I am supposed to have access to a pool which I have not had for 2 years..I have a month to month lease, can I not sign the new lease and not pay the increase? what are my rights?
2 Answers from Attorneys
Re: lease renewal and rent increase
You may move to a cheaper apartment that is not under construction.
Good luck to you.
Be sure to give proper notice before you leave.
Re: lease renewal and rent increase
Your question raises several issues each of which has its own answer.
First, the landlord must offer you a new lease and any increase in rent can only be a "reasonable" one. You can refuse to pay the increase, defend and eviction suit, and get a court determination on the issue.
Second, the lack of a pool and the less serious of the living condition issues may give rise to a breach of contract issue based on the lease.
Third, the more serious of the living condition issues may entitle you to withhold all or part of your rent until they are relieved. Again, you will have to trigger an eviction suit and get the judge to decide.
In defending an eviction suit, you should be prepared to pay the full amount of the rent due into court prior to the trial. If you pay less than the full rent and you do not pay the balance claimed into court, the judge will not hear your case and you can be evicted. You will not lose your contract rights which can then be brought in a second suit, but you will be out of a place ot live.
See also: http://info.corbettlaw.net/lawguru.htm
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