Legal Question in Landlord & Tenant Law in New Jersey

Re: Rental Increase, legal or not?

My opinion is that you will not likely be able to recover anything.

Re: Rental Increase, legal or not?

For the most part, rental increases (or any changes in the lease) are controlled by the lease itself. If it is in writing, changes need to be made in writing. If you are operating under an oral agreement, presumably, oral changes can be made. On the other hand, even if it was an oral increase, the payment of the increase seems to indicate a consent to the change in lease terms.

The simple answer is that anyone can sue for anything at all. Whether the person who sues will prevail is another issue. In the final analysis, after consideration of all relevant factors, it would be up to a Judge to determine whether recovery is possible or not.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with an attorney experienced in landlord/tenant laws for a full consultation before you take any further steps. Good luck! Rob Gleaner

Re: Rental Increase, legal or not?

You and the landlord have a contractual relationship. Where there is no written lease thirty days notice, prior to the next monthly rent payment is required to increase the rent. That would mean that a written notice would be delivered to the tenant by the landlord before the first of the month that the rent is increased effective as of the first of the next month.

You could have taken advantage of the failure to give the required thirty days written notice, but when you voluntarily paid the rent increase you

construtively ratified the amendment of your rental agreement so that an increased amount of rent was required.

Gary Moore