Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Landlord Evicting Me but My Apartment is Illegal

    My question involves an eviction in the state of: New Jersey

    I lost my job and fell behind on my August rent and now September. I was a few days late with July rent and the landlord is charging me legal and late fees considred as "rent" for July. I went to court september 14th and could not reach an agreement with my management company so the eviction process began. I went to my county family services for help with the rent because I am not eligible for unemployment and I am pregnant. They were willing to pay it but they discovered that my attic apartment is illegal. Therefore, they caNNOT pay rent on an illegal apartment and I am being evicted October 1st. According to legal services citing Miah v. Ahmed case in Paterson, NJ, the landlord has to pay up to 6 times the monthly rent back to the tenant from before the eviction. Being that I am being eveicted for nonpayment of rent, am I entitled to relocation assistance. My township was called and they verified that the house is zoned as a two family house and the attic and basement apartments are illegal. I requested a copy of the certificate of occuppancy to take to court but it just hasn't come in yet. The management company has a notice from the department of consumer affairs saying that the dwelling has 4 apartments. However, the department of buildings and taxation have both said it is a two family house and my attic is illegal. Do I file an order to show cause? Will the judge give me more time? Will management company have to provide relocation assistance?

  2. #2
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlord Evicting Me but My Apartment is Illegal

    If I understand your post correctly, you will a) not be entitled to relocation monies and b) your landlord will be cited by the city for having an illegal unit and will most likely get a slap on the wrist, a fine and be told not to rent it out anymore... and the rental mgmt company could be in big trouble if it provable they knew the unit was illegal.

    At a certain point though, you just want to get the heck out of the mess, look forward, get your welfare set up and move into a Section 8 property.

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

    Default Re: Landlord Evicting Me but My Apartment is Illegal

    If you are evicted for nonpayment, you're not being evicted as a result of the landlord's zoning ordinance violation and thus would not receive compensation under the case you identified. If you haven't waited too long, you may be able to raise the illegality of the apartment as a counterclaim in court, to try to recover a partial rent abatement. See if you qualify for and can obtain assistance from legal aid.

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Evicting 93 Year Old Mother from My Apartment in NYC Co-Op Building
    By nlitell in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-09-2011, 10:40 PM
  2. Eviction Process: Evicting an Illegal Sublessee
    By BUZE in forum Landlord-Tenant Law
    Replies: 5
    Last Post: 11-22-2009, 07:46 AM
  3. Sue My Landlord for Illegal Apartment
    By CrossStealth in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-19-2008, 06:36 AM
  4. Eviction Process: Evicting An Illegal Roommate In New Jersey
    By molly_lee in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-25-2007, 05:18 PM
  5. Eviction Process: Evicting A Tenant From An Illegal Apartment
    By lescobar in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-15-2005, 03:49 PM
 
 
Sponsored Links

Legal Help, Information and Resources