Legal Question in Real Estate Law in New Jersey

Legal Basement

Sayreville, New Jersey; Friend of mine has lived with his mom for many years. It was made into a two family house, but according to the original blue prints, it is not a two family house. Mom is living on one side, my friend is in the unfinished basement and the other side of the house has been rented out. There is no lease in writing, but the tennents are out as of October. The terms were that the basement is off limits to the tennents. They have been down there several times. They are complaning that the basement is illegal to live in and that my friend is a ''fire hazard'' becuase he leaves his light on while at work. His room in the basement is directly under the tennents side. His mother is a wreak and is afraid that her son will be arrested. What should they do and can they break a lease that is not in writing? Is it legal to live a unfinished basement? He has a ceiling and sheet rock on the walls, outlets and a bathroom. Is it considered unfinished? Please help.


Asked on 8/18/08, 6:26 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Legal Basement

Most municipal ordinances specify what constitutes a legal bedroom and this should be checked. In most cases a window (minimum size is usually specified) is required. Also, if the house has been turned into an illegal two-family residence, the owner faces fines and penalties. More issues may be involved, such as was the basement bathroom built with permits. Not having a written lease is usually interpreted as a month-to-month lease so 30 day written notice to the tenant to vacate is required, which must be sent by certified mail, RRR. If you actually want the tenant out by October 1, this notice must be sent before September 1.

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Answered on 8/19/08, 12:21 pm


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