Legal Question in Landlord & Tenant Law in New Jersey
My Wife and I gave notice in our present apt. We found another apt. and signed a lease and the owner signed as well. We gave her check for security deposit and the credit checks were done. Late yesterday , the owner called to say her Husband left her and her child and she could no longer rent to us as she needed to still stay in the apt!
We are supposed to be out this weekend and our place has been rented.
Can we be kicked out onto the street if we don't find a place in the next 24 hrs or so?
What do we need to do? Contact our landlord via email to get it on record and tell them what happened and keep looking for a new place?
I am hoping that the law is in our favor and that we can't be kicked out!
Please help us with your expert advice!
We are in NJ.
1 Answer from Attorneys
If you hold over in the apartment that you are in, you can't be evicted except by the court. So, you have a little time. However, since you have already given notice, you may be liable to your current landlord for damages including double the ususal rent. Similarly, you have a cause of action for breach of the lease agreement against your new landlord. First, get something in writing from the new landlord stating that she is not going to let you move in. Getting the help of a lawyer near you would be prudent. Find a new place to live. See where that all leaves you. If you are sued for additional rent after you move, join the defaulting landlord in a three-party action. That will be less expensive to litigate that way and will help to ensure that you don't lose on both ends. /p/ See also: http://info.corbettlaw.net/lawguru.htm
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