Legal Question in Landlord & Tenant Law in New Jersey

I rented a house in NJ on a 6 month lease and I paid 1.5 times the rent as the security deposit. The lease term expired and I'm on a month to month now. Initially, the landlord didn't provide me a notice (containing the bank information) about the security deposit. So, I sent him a notice stating that I will be using the security deposit as rent for this month. So, I didn't pay the rent for this month. He still has 1/3 of my security deposit. His attorney sent me a notice of rent increase demanding 15% increase in rent beginning next month (30 day notice). My landlord told me that I have to sign a new lease and I need to pay him 1.5 times the new rent as the security deposit when I sign the lease. Moreover, I live in a basement which I suspect is illegal. Since the rent increase is retaliatory, what are my rights now?


Asked on 6/08/11, 10:28 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Even if the rent increase is not retaliatory, you have the right to a renewal lease without the payment of any security deposit. The statute provides that, if the landlord fails to meet its obligations with respect to the Security Deposit Act, the tenant can apply the amount to rent and never pay another deposit so long as the tenant occupies that premises.

The landlord cannot sue you without proving that the premises is properly registered, In order to do that, an inspection may be required at which point an illegal basement apartment should be detected. If not, you may want to encourage an inspection. You can tell pretty quickly that the basement apartment is illegal if it lacks two, full-sized means of egress. If the municipality deems the apartment to be illegal /and requires you to vacate/, the landlord must pay you several months in rent up front as moving expenses.

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

Read more
Answered on 6/08/11, 11:25 am


Related Questions & Answers

More Landlord & Tenants questions and answers in New Jersey