Legal Question in Landlord & Tenant Law in New Jersey
Let me first say that i live in NJ as i know that's important information for all the helpful lawyers out there. I came to see a house that i was to share with a few roommates and was walked around the place by one of the tenants. I signed a lease about a week later. It has recently come to my attention that the room I have been staying in is possibly not considered a bedroom and that I may be told that i must remove the door (by some kind of fire inspector or something). I did not install this door it was here when i moved in. I would prefer not to deal with the hassle of moving, but if I were asked to do this I don't think I could live here.
We all signed a single lease and we rent the house as a whole group
In these circumstances if this happened would I be free to break lease?
1 Answer from Attorneys
You can't be told to remove the door. It's not your door. If it has to be done, that would be the landlord's responsibility. If the result is that the change to the rented premises is so substantial that it changes the essential nature of the lease, then the tenants (all of them) can avoid the contract. You should also remember that there are two agreements here. The first is the written lease. The second is the oral agreement among the tenants. The second contract is the cause of a great deal of trouble in tenancies involving multiple roommates. You can see how this puts you in a difficult situation now. If you do not have private space, you may wish to avoid the contract. However, your roommates may disagree. There is no easy answer to your question. However, it will help to remember that there are two distinct agreements to be considered.
See also: http://info.corbettlaw.net/lawguru.htm
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