Legal Question in Real Estate Law in New Jersey
can't locate rental agreement
my mom has rented a house since approx. 1974. when she originally signed the lease with my father, the contract was a rent to own for 15,500(part of the rent went towards the house). the previous owner of the property has passed and left te company to someone else. this person decided not to sell the property(or so he says) but there is no documentation on this. Now that the guy is dieing, he wants to sell the house to my mom for 55,000. now after all these years my mom can't find he original lease and he refuses to do anything without the lease. is there anyway she can get ahold of the lease? or what should she do ?
1 Answer from Attorneys
Re: can't locate rental agreement
They may have files the lease at the county clerks office. This is not a requirement, but it can be found if recorded.
Otherwise, you can hire a lawyer to subpoena the landlords records, the lease may be there. If there was a real estate agent involved they may have a copy, but they are only required to hold them for 7 years.
If you need further assistance I can be reached at 201-646-9600. I also handle real estate closings for only $750, if you do end up doin the deal.
P.S. You can file a claim against the landlord in court. This will put a lien on the property. The landlord in turn will not be able to get clear title until this matter is resolved. This might be your last alternative. You must hire a lawyer to pursue this alternative.
All the best,
Savy Grant
Attorney at Law
201-646-9600
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