Legal Question in Landlord & Tenant Law in New Jersey

I moved into my apartment in Wayne New Jersey which is in the basement of a house that the landlords father owns but the landlord and his family live upstairs. I was threatened to be thrown out because I have 3 vehicles and he is afraid too many vehicles will draw too much attention to his house because he tells me the apartment is illegal and he never had it zoned or approved for it to be built. He removed the stairs that lead to upstairs so the only way to enter in is through the back door. I pay $1350 in rent a month since April 2010 with a $1000 deposit but it is in cash and the agreement was a handshake and no lease written. I want to know what the laws are that involved because they are now harassing us for just about everything and anything. Now they say we can not have pets where in the beginning they said we could. I read that they will have to owe us 6 times the amount of the rent we paid in order to make us move out is this correct? Also the amount must be paid before they can make us move out. I have video of my paying the rent and the landlords wife acknowledging we have been living there since April 2010 so that would be my proof. what are my options at this point?


Asked on 3/23/11, 6:17 am

2 Answers from Attorneys
Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

they will have to pay you 6 times the amount of the rent before they can make you move out AFTER TAKING YOU TO COURT. you can stop paying rent now as well, although you may be liable for some amount as a use and occupancy charge in the future. you are in the drivers seat.

Bruce Gudin, Esq. www.lep-lawyers.com

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Answered on 3/23/11, 6:29 am
John Corbett Corbett Law Firm LLC

The 6x rent statute only applies if the local zoning or building officials declare the apartment to be illegal and you are required to move because of that. The fact that the apartment is not registered is not sufficient. If you are able to move, then you might consider reporting the apartment to the municipality. The municipality should send and inspector. If the inspector declares that the apartment is illegal in the sense of not conforming to the building code, then you can get the 6x rent.

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

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Answered on 3/23/11, 6:49 am


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