I am getting conflicting information. To some it is absurd, to some it sounds cruel especially since I always paid my rent on time. The landlord claims that he is selling the house to a relative that lives below me in a two family house. For years the landlord has been asking me whether I am moving, and I guess finally he fixed it where he did not renew my yearly lease and it converted to a month a month agreement by default. So once he had that going, then he tells me that he is selling the house to this relative downstairs who seems to have an issue with me since she moved in - and now 'apparently' she is the convenient new buyer of this house. He tells me that she wants my apartment for her son who might move in. The landlord gave me notice to move, and it will be during the winter. I wasn't in default, but the month to month lease thing screwed me. I feel like I was set up. I am sure that when I move that this son is not going to move in 'after all' and that they will rent it to someone else. I guess it is what it is... but after six years of paying rent, being asked to move in the winter, and this so called convenient buyer who already lives in the house wants my place is just a lot to take right now.

So I my questions are:

- Is there anything on the books about evicting someone in winter?

- The 'just cause eviction' law in NJ addresses that if I buyer wants to move in then the tenant can be asked to go. But what if the buyer already lives here? Does it matter?

- I feel that this house sale is a set up to get me to move to really rent to someone else. If l leave earlier than the asked move out date then the sale contract can be 'stopped' and then the original landlord is back in business to rent the place. He keeps asking me to tell him 30 days before I move if I decide to move earlier than the month he asked me to move... which is February.

First you are not being evicted yet. All that is happening is your lease is being terminated. If you refuse to move prior to the termination date, then an eviction will be an issue.

Second, unless you can prove that the new owner does not intend to move a relative in, you really have no recourse. I believe the law allows for the new owner to move in a relative. (we do have a RE lawyer from NJ here who will correct me if I'm wrong).

I doubt if there is any law that is affected by the season. The only possibility I can see for you is to move, then if you find out the sale was canceled or the apartment rented to a non relative, you may be able to sue the landlord for your moving costs and other expenses.

Ok I guess I should not have said evicted but the default month to month lease is being terminated.

The law says that the buyer has to be moving in to terminate a lease, but yes, if someone can answer the questions:

- what if the buyer already lives there,

- a like ScottGem presented, can the buyer move in a relative? If so, this landlord really did his homework.

Now how in the world would I find out if the sale happened or not?


Oh... and I plan to move earlier than the termination date because I don't want to give them another dime of rent. So see that's what I think the plan B was for them and why they wanted the 30 days notice if I left before their date. Banking on if I left early, they will cancel this so-called sale and it won't be necessary to go through with it and they are free and clear to get a new renter.

I believe the law allows a relative to move in.

As to owing rent, this may become an issue. If you move prior to their vacate date you may still owe rental to the vacate date, unless they do move a relative in.

Yes it does sound like this landlord has done their homework. But it may also bee a real thing. As for checking the sales, you can go to the county clerk's office to determine if a sale went through.

In NJ the law is that a landlord MUST offer a tenant a renewal of their lease unless they meet one of 16 specific exceptions. (None of those exceptions appear to apply to your situation from what you've said here.) This law does not apply to owner-occupied 2 or 3 unit dwellings. Does the landlord live in the house? Did the landlord live in the house at the time they changed you from an annual tenancy to a month-to-month tenancy? If they did not live in the house at that time then they were required to offer you a renewal of your annual lease and could not unilaterally change you to a month-to-month tenancy. Also, if they do not live in the house at this time then they must offer you a renewal of the month-to-month tenancy.

The only exception that may apply is that they are selling the property to someone who wishes to personally occupy the unit and the contract calls for the unit to be vacant at closing. Since the person who is supposedly buying the property is already living there in a different unit they may have difficulty using this excuse.

The way I see it the landlord was required to offer you a renewal of your annual lease. So you have a pretty strong negotiating position. You may want to tell him that according to the law you are entitled to stay there and if he wants you out he can pay you 2 or 3 months of rent plus your moving expenses.

Of course this all depends on whether the landlord was living on the property at any time. If the landlord lived there then this law does not apply and they have the right to terminate your tenancy.

You can read more about the NJ law at http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf

Thanks LisaB4657 and ScottGem.

To answer LisaB4657, it is a 2-3 unit house and no, the landlord has never lived in the house. The relative moved in some years after the house was purchased by them, but the owners have never lived in the house.

So am I understanding you to say that the law does not apply to 'owner-occupied dwellings' about the lease?

So since this was not an owner-occupied dwelling he needed to renew my lease?

INTERESTING!! Everyone thinks that leases default to month to month terms. So I will read the link and see what it says!!

FANTASTIC information.

NJ is one of the most tenant-friendly states in the country. Good luck!

UPDATE - UPDATE:
So like I suspected, the landlord did his homework before asking me to go. Because I didn't fall under the 16 causes to evict they set up this "My wife's aunt who lives below you is buying house...." scenario. The landlord has been asking me since 2006 when I was moving out, and I haven't yet so now they've figured how to do it now.

I rechecked my lease. The lease has a holdover clause that states...

"Holdover by Lessee - Should Lessee remain in possession of the demised premises with the consent of the Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on 60 days written notice served by either Lessor or Lessee on the other party."

Whomp there it is.

My goose is cooked on that then and I guess that's that on the renewing the lease angle from the posts above. But LisaB4657, it was HOT info that you posted and I am definitely glad I know more now!! I ran it by three friends and no one knew the info that you sent in the link.

At this point, it seems that what I can check on is this buyer set up where the buyer already lives in the house below me. I didn't see anything about a relative being allowed to move in in lieu of the actual buyer moving in the guide in the link above. Also since the buyer lives in the house already that's the other thing I can see about as far as asking me to go.

If anyone knows more about this let me know please! Time is running short for me.

I don't believe that the landlord's holdover clause can circumvent the requirement that he had to offer you a new one year lease at the time the old one expired. However at this point you have to sit back and think about something... do you want to possibly go to court to fight with them over your right to stay, or do you start looking for a new place to live? These people are not going to make your life easy in the future. You might want to take advantage of the time you have right now to look around and find a better situation. You can always tell the landlord that you're willing to move out but you will do it at your convenience, not his.

Thanks again for responding!!


You are correct in saying that it may just be easier to go, but the reason why I am checking is mainly to find out if this whole thing is legit. If I have no position, then I'm on my way if there is nothing to fight or will cost me money. I'm logical like that. :-)

But...

Actually I found out some news today from an organization here in NJ for tenants. It may not cost me anything in the long run. Lisa4657 your suggestion to make it worth my while can still apply here.

THROUGH THIS SITE AND THE CALLS I HAVE MADE I LEARNED TO NEVER MAKE A MOVE UNTIL YOU FIND OUT YOUR INFO. I'm doing my homework, and this landlord did some homework and you all are going to help me grade his papers! LOL.

Because he does not live in the house, even under a month to month he has to have cause to ask me to go for the most part. The relative thing does not apply to the house sale. Once the relative buys house that's a different story because it will then be owner-occupied and they do not have to have cause to ask me to go. But just simply calling me about this 'pending' sale and giving me a date is not enough to get me to make a move.

So basically I can sit tight for a minute. Eventually I do think I will go, but not in the snow and cold if I don't have to just yet. After six years of paying rent at that property, and four years under this guy, I cannot accept being thrown away like trash after you have used me up. It's the same feeling like being laid off from a job.

I'm weighing it all out.

I am looking for places though! I looked at 14 places since Dec 2nd when he called me. I'm on it!

I agree that you should investigate and weigh all your options. Here's another one to consider...

The guy obviously wants you out asap. You now know enough to make it difficult for him to get you out as quickly as he would hope. Why not go to him and say "By law I don't have to leave. But if you want me out that badly, pay my moving expenses and first month of rent at a new place and I'll leave. Say ok and I'll start looking for a new place tomorrow."

Yes, yes Lisa4657!! When I spoke to that org I ran your idea by them and they were like "Sure, do that!" Otherwise legally the date they have given me means nada and I don't have to budge just yet.

That's what I think the next move is. Hmmm...

Lisa4657..

You're the BEST!

My pleasure :) Good luck!

If the landlord takes you to eviction court in NJ and you show up with the money, can the landlord refuse the payment and request to have the premises/property instead?

If they can refuse, does it still count as an eviction on your records since you came up with the money during the hearing?

Quote:

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Originally Posted by eyesotp

If the landlord takes you to eviction court in NJ and you show up with the money, can the landlord refuse the payment and request to have the premises/property instead?

If they can refuse, does it still count as an eviction on your records since you came up with the money during the hearing?

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If the landlord has given you proper notification to leave and you refuse, then they can file to have you evicted. They can have any number of reasons for not wanting to rent to you any longer. If the judge rules in their favor, you'll owe not only the back rent but the court fees as well.

And yes, it still shows up as an eviction. If you had the money, then you should have given it to him/her before they even filed for eviction in the first place.

EDIT: I'm asking to have this thread merged with your original thread regarding eviction. I also find it confusing that you stated originally that you "always pay your rent on time" and are now asking what happens if you show up with the money, which clearly indicates that your rent has not been paid in a timely manner.

I'm scratching my head over this... you start this entire thread, asking about the legality of your situation. Less than two weeks later, you ask about "eviction court" and what happens if you show up with the money that you owe the landlord - which sounds to me like you are being asked to move because you didn't pay rent, not because the house is/was being sold.

If you're not going to be honest about what's going on, then there is no possible way we can give you accurate, much less helpful, advice.