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Home > Law > Real Estate Law   »   First tenant wants t kick me out from my room without any warning letter

 
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Old Jul 29, 2009, 09:46 AM
John Bold
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First tenant wants t kick me out from my room without any warning letter

Hi ,

I have an issue about my room recently,
I moved in my room 5th of april 4 (union city NJ) months ago with one month rent and one month deposit which is $1050 and after 3 months he just said that my lease is finished (without any reason)and I have to leave at the end of the month.

BTW we didn’t sign any kind of lease but I got small piece of paper that indicates I’m living in this apartment as a tenant and paid my rent and security deposit on time . he signed it .but unluckily, i lost that piece of paper. but I can prove I moved in 5th of april by my e-mails.

Yesterday, when I sent an e-mail to him about the date of my moving out he wrote back and said that I need to leave 31st of this month .and he said that he is going to change the lock of the room and move out my stuff in front of the house.and he is not going to responsible for any kind of damage and stuff

I almost find an apartment but basically I’m not ready to move out in just 2 days—I need couple days more to prepare my stuff and move out

Now I believe that I have right to stay until 5th of august cause I moved in 5th of april and my month is going to finsh at 5th of august
He didn’t give me any kind of warning letteror something.

My question is what can I do ?

Should I call the cops ??, to make him believe I have right to stay 5 days more.

What is my rights? Is there any phone number that I can figure out my rights as a tennant??

What I am supposed to do ??

I’ll be waiting for responses asap , Thank you

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Old Jul 29, 2009, 09:54 AM   #2  
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In NJ he can basically kick you out like that for non payment of rent but if you do not owe any rent then I do believe he has to give you written notice with I think 15 day notice and do a legal eviction according to the state law.
Yes I would call the cops and let them tell him. He is not going to believe you unless you print the law out from a website maybe.

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Old Jul 29, 2009, 10:00 AM   #3  
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Agreed, you are a month to month tenant and must be given 30days notice to vacate in writing. However, most leases do not run from the 5th of one month to the 5th of the next month. The lack of a written lease makes it all the worse. I would say legally you can stay until he evicts you or gives 30 days notice in writing. However, since this is a room in his house do you really want to get into a wee wee match with a skunk??

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Old Jul 29, 2009, 10:08 AM   #4  
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a. For an action alleging disorderly conduct under subsection b. of section 2, or injury to the premises under subsection c. of section 2, or any grounds under subsection m., n., o. or p. of section 2, three days' notice prior to the institution of the action for possession;

b. For an action alleging continued violation of rules and regulations under subsection d. of section 2, or substantial breach of covenant under subsection e. of section 2, or habitual failure to pay rent, one month's notice prior to the institution of the action for possession; (Like rowdy tenants, college rentals)

c. For an action alleging any grounds under subsection g. of section 2, three months' notice prior to the institution of the action;

d. For an action alleging permanent retirement under subsection h. of section 2, 18 months' notice prior to the institution of the action and, provided that, where there is a lease in effect, no action may be instituted until the lease expires;


e. For an action alleging refusal of acceptance of reasonable lease changes under subsection i. of section 2, one month's notice prior to institution of action;

f. For an action alleging any grounds under subsection l. of section 2, two months' notice prior to the institution of the action and, provided that where there is a written lease in effect no action shall be instituted until the lease expires;

g. For an action alleging any grounds under subsection k. of section 2, three years' notice prior to the institution of action, and provided that where there is a written lease in effect, no action shall be instituted until the lease expires.

h. PUBLIC HOUSING under the control of a public housing authority or redevelopment agency, for an action alleging substantial breach of contract under paragraph (2) of subsection e. of section 2, the period of notice required prior to the institution of an action for possession shall be in accordance with federal regulations.

The notice in each of the foregoing instances shall specify in detail the cause of the termination of the tenancy and shall be served either personally upon the tenant or lessee or such person in possession by giving him a copy, or by leaving a copy at their usual place of living with a member of the family over the age of 14, or by certified mail; if the certified letter is not claimed, notice shall be sent by regular mail. (Suggest both methods of mailing).

http://www.rentlaw.com/eviction/njeviction.htm
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Old Jul 29, 2009, 01:01 PM   #5  
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He can't terminate your tenancy at all unless you are violating one of 16 specific conditions. If you are in violation of one of them then he must give you written notice before he can file a lawsuit for eviction (except for non-payment of rent--in that case he can file a lawsuit for eviction as soon as you miss a payment).

Go to http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf and read all of it carefully.

He cannot just change the locks! If he does, call the police!

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Old Jul 29, 2009, 01:09 PM   #6  
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I would e-mail him a copy of the law that Lisa linked to. And then inform him that if he does lock you out or if any of your belongings become lost or damaged, you will sue him.

But I would also inform him, that since he wants you out, you have no desire to live where you aren't wanted. Tell him you will start looking for a new place and give him 30 days notice when you find one.

You really don't want to live in a place where your roommate doesn't want you there.

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Old Jul 29, 2009, 08:57 PM   #7  
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Thanks to all you guys !!!

i have called the cops tonight and explained everything to them. They said to him that t thig he is going to do is unacceptable and illegal.They emphasized that i have right to stay until court's order to move out.

problem has been solved.

Thank you to all people who answered to my question..
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Old Jul 29, 2009, 08:59 PM   #8  
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Lock your door from the inside when you go to sleep.
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Old Jul 30, 2009, 01:22 PM   #9  
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Quote:
Originally Posted by ballengerb1 View Post
Lock your door from the inside when you go to sleep.
thats scary...lol
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