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  1. #1
    Join Date
    Oct 2014
    Posts
    1

    Default Landlord Demands that Upstairs Tenant Pay Rent for an Illegal Basement Apartment

    My question involves landlord-tenant law in the State of: New Jersey.

    Ok this is the wierd situation I am in. I am currently a Soldier deployed to Afghanistan. While I have been away my wife used a specific power of attorny for the purpose of moving. This is what we planned to happen while I am away. The house she picked had a basement appartment. After the first month there my wife figured out the basement appartment was illegal and that renter has since left. The problem now is that the landlord is demanding if we want the basement that we need to pay 650 more a month or be forced to have more illegal renters in the basement. Which also has single untilites under my name. The lease also dose not mention any multiple unit dwelling or that I do not get access to the basement. I know all of this is illegal but what do I need to do to stop the nonsense. I tried sending an email to the town clerks office to ask for information or to be pointed to the right department to help but there was no answer to my email as of this time. I told my wife to inform the landlord he can put people there but ill will lodge a complaint with the town and I will not pay extra for a part of the house that is included in my current lease. I thinking of just having her move out since you can break a lease with military orders. I'm just worried about having to take the landlord to court for the security deposite back. Any help as to what steps I should take would be most appreciated.

    Thank you.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Increase of Rent

    I suggest you carefully read the SSCRA (I don't have time) because you might only be able to break a lease if your orders require your family to relocate. Might not apply since you were already at a duty station when your wife moved in.

    http://usmilitary.about.com/od/sscra/l/blscramenu.htm

    Other than that I agree that a complaint should be filed with the proper agency if the illegal apartment becomes occupied. Thing is, it would probably be effective if your wife visited the proper agency and filed a written complaint since you don't seem to have any luck with emails.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Landlord Demands that Upstairs Tenant Pay Rent for an Illegal Basement Apartment

    If you identify your community, perhaps somebody can point you to the correct agency.

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