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  1. #1
    Join Date
    Aug 2009
    Posts
    22

    Default Will Removing a Tenant From a Lease Affect Rent Control

    My question involves landlord-tenant law in the State of: NJ

    Hello,
    My ex was living in our rent controlled apartment for two years prior to my moving in and she paid the original deposit. When I moved in, about ten years ago, my name was added to the lease and I'm sure I paid her a portion of the deposit fee but can't prove it.
    A few years ago our town (Morristown) did away with rent control but all existing tenents were grandfathered in and have remained on rent control.

    Now, our relationship is over and she's moving out. I would like to have her name removed from the lease because I don't want her to have any legal access to this apartment. She wants her original security deposit back.

    Question: Will removing her name from the lease constitute a "new tenancy" and knock me off of rent control even though I have been on the lease for ten years?
    Does the landlord have to return her original deposit if she demands it OR can I pay her for the deposit and have the deposit monies with the landlord transfered to my name?
    OR, Will I have to pay a security deposit based on today's rental amount or on the amount in effect when I moved in ten years ago? Will this constitute a "new tenancy"?

    I offered to pay her $10K to move out but if I will no longer be on rent control and have to pay current market value, I will have to re-think my plans.


    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will Removing a Tenant From a Lease Affect Rent Control

    Look up the ordinances here. I don't see the ordinance repealing rent control, and don't have unlimited time to look, but assuming you find it you should be able to determine when it applies.

  3. #3
    Join Date
    Aug 2009
    Posts
    22

    Default Re: Will Removing a Tenant From a Lease Affect Rent Control

    Thanks for that website. While it was very informative it did not (or I could not find) any ordinance that addresses what would constitute a "new" tenancy. For example, since my ex is the one who originally paid the security deposit, if she demands it back will that automatically throw the apartment (and myself) off of rent control?
    I found the following which mainly speaks to the landlord. It does nor address a situation where the apartment is commingled. It would be the same if a couple got divorced and one party moved out...how does that effect the partner who remains in the apartment? Thanks for any insight.
    [COLOR="#FF0000"]
    14-3.1 Vacancy Decontrol.

    a. Vacancy Decontrol. Upon the voluntary, uncoerced vacation or court ordered eviction of any tenant for which rent increases are controlled by the terms of the Town of Morristown's Rent Control Ordinance, and upon compliance with this section, at the time of rerental of a unit pursuant to this section, a landlord may negotiate a rental with the proposed new tenant at a level mutually agreeable between the landlord and the proposed tenant.

    b. The landlord must file with the Rent Leveling Manager, and provide a copy to the tenant in occupancy, if any, a "Vacancy Decontrol Certification" within fifteen (15) days after entering into a lease agreement and accepting a deposit from a new tenant, which shall include the following information:

    1. Property address;

    2. Apartment number;

    3. Vacating tenant's monthly base rent;

    4. New tenant's monthly rent;

    5. Name of landlord;

    6. Address of landlord;

    7. Telephone number of landlord;

    8. A statement certifying that the vacancy was uncoerced or as a result of court ordered eviction which statement shall be provided to any tenant then occupying the subject apartment.

    c. Vacancy Decontrol Certifications and the statement provided to any tenant then in occupancy shall be approved by the Rent Leveling Manager unless a written objection objecting to the certification is filed with the Rent Leveling Manager within ten (10) days of filing a complete certification. In the event an objection is filed, the procedures in Section 14-19 shall apply.

    d. Once a unit has received vacancy decontrol pursuant to this section, it shall be subject to the remaining provisions of the chapter and any future rental increases for the tenant in occupancy are limited to those increases permitted under this chapter.

    e. Notwithstanding the provisions of Section 14-15 of this chapter, the filing of a Vacancy Decontrol Certification at the beginning of a lease term shall be deemed sufficient registration of the renal amounts for the given lease term.

    f. Anti-Harassment Provision. It shall be unlawful for a landlord, or his agents, to willfully do or commit or cause to be done or committed any of the following: any harassment, intimidation or other similar action to a tenant with the intent to have a tenant vacate the rental unit; any reduction by the landlord in services which causes the tenant to vacate the premises; and any vacation of the premises which is coerced; provided, however, that this provision shall not limit a landlord, or his agents, from any act specifically authorized under the laws of the State of New Jersey.

    g. Violation Anti-Harassment Provision. In addition to the penalties set forth in Section 14-14, a willful violation of this subsection shall subject the landlord to: (i) on the first offense, loss of privilege to apply for vacancy decontrol at the subject property for a period of not less than one (1) year; (ii) on the second offense, loss of privilege to apply for vacancy decontrol at the subject property for a period of not less than two (2) years; (iii) upon a finding of any further offenses, loss of privilege to apply for vacancy decontrol at the subject property for a period of five (5) years. The complaint for violation of this provision shall be brought in the Municipal Court for the Town of Morristown in accordance with Section 14-16.

    (Ord. No. O-32-05)

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