Legal Question in Real Estate Law in New Jersey

Tenant/Landlord Protection

Can I rent out a room in my one family house without worry of the rentee trying to earn rights to ownership of the property? What are the risks and how can I protect myself from them?


Asked on 12/16/06, 9:24 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Tenant/Landlord Protection

I have read what the other lawyers wrote. I think you should consult an attorney to do this right the first time, then just have the tenant sign the same form of lease every year (with the new rent amount). For a couple of hundred dollars, you may save yourself a lot of grief and money.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/18/06, 11:03 am
Walter LeVine Walter D. LeVine, Esq.

Re: Tenant/Landlord Protection

I agree with John that you should have something in writing, be it a lease or use and occupancy agreement, both to protect you and also to set out all terms of the rental and rights of the parties. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship.

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Answered on 12/17/06, 2:13 pm
John Corbett Corbett Law Firm LLC

Re: Tenant/Landlord Protection

1. A tenant does not acquire any ownership interest in property.

2. A lease is always best to spell out the respective rights and responsibilities of landlord and tenant. Consult a lawyer to help with that and recover your costs by adding to the rent.

3. A tenant's rights don't change very much whether you are renting an apartment or a room. If you are renting an unpartitioned part of your house (such as a room), there is absolutely no substitute for being confident in the tenant's background and character. The law gives you rights if a tenant makes your life unpleasant or takes your things, but the legal remedies are often less than adequate. Do everything that you can to be sure that you can trust your tenant.

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

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Answered on 12/16/06, 2:21 pm


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