Legal Question in Landlord & Tenant Law in New Jersey

My mother rented an apartment 8 months ago in desperation, she had no other choice as she was struggling financially, the apartment is an attic apartment with a closet and bathroom that is all. Her rent was $500. she had spoken to the owner of the house where the apartment is located and asked him if her youngest son would be able to share the apartment with her if needed, he agreed for an extra $100 a month. She has fallen one month behind in the rent and the owner is becoming difficult. I want to know if she filed against him would she win, as far as I know there is no Certificate of Occupancy, no smoke detectors and no emergency exit.


Asked on 12/06/09, 7:46 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

NJ law strongly disfavors rental of "illegal" apartments. So much so that the remedies are biased heaviliy in favor of the tenant. However, the remedies are designed to get the tenant out of the apartment and the lease. So, it matters what you mean by "file against him." There is no way that you can use illegal apartment leverage to enforce an oral promise to modify a lease. The court will likely see the lease as an illegal contract and refuse to enforce either the lease or a promise to modify it. However, if you want to get your mother to a safer place, the illegal apartment status can be used either to negotiate a lease termination or to force one.

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

Read more
Answered on 12/11/09, 8:47 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in New Jersey