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View Full Version : No Lease - Being Sued


missrosario
Nov 4, 2008, 12:43 PM
I am currently a tenant in New Jersey and moved into my apartment for about almost a year now. For the first few months, I asked the landlord every time he came to get the rent for the lease. Each time, the landlord said he would either mail us a lease or bring it with him the next time. He never brung us a lease nor did he fix any problems we complained about. A few months ago, my roommate lost their job and had left the apartment. I told the landlord and he said to just give him what I could for the meantime. Now I am backed up on rent, only two months because he is charging me the same amount and I came across some financial difficulties. He has not made any attempt to contact me within the last two months but I received a court notice for the two months backed up rent. I thought as a tenant that I was to receive written notice of eviction before any court proceedings. I never received a letter regarding the amount that was due nor did I get any kind of contact from him. Am I able to bring that up in court about not receiving notice prior to coming to court and not having a lease. Also, the landlord has an attorney and is sueing me for late fees which I never knew of, attorney fees and court fees? Is that possible to sue for those fees without an agreement being signed?

LisaB4657
Nov 4, 2008, 12:51 PM
NJ law no longer requires the landlord to send you a notice before filing a lawsuit for eviction when the reason is non-payment of rent. So don't bother bringing that up in court. As for the lease, a lease is not required to sue for past due rent if the amount is the same as what you've been paying in the past. I do not think that the landlord can sue you for late charges, attorneys fees or court costs if you don't have a written lease, though.