Hi, I was wondering if anybody could help me out. We rent in a 2 family home in NJ and our landlord died this morning. We have 2 kids and we pay month to month cash. Our landlord was a great old man and we took care of him for many years, and we've lived here for 10 years and he always wanted cash, and we never asked for a receipt because he wasn't that kind of person. We've repaired and maintained his home because he was not able to, and repair people would sometimes take advantage of him. His kids are jerks and just want his money, so I have a feeling something is coming down the pike. What are my rights, does anyone have experience in this, or links to do some reading? Thanks! There's also no security deposit, we've known him for a long time previous to renting and so he didn't ask for one.

It sounds like you really liked your landlord. I'm sorry for your loss.

Since you had a month-to-month lease, and since you say the landlord's kids just want his money, I think you'd better start looking for a new place to live. They are probably going to want to sell the property rather than becoming landlords. If you had a lease the sale would be subject to that lease. But since you have a month-to-month tenancy they can terminate your tenancy when they sell.

You may want to talk to them before you make plans to move out, however. Is it possible for you to buy the property from them? If not, and since it is a two-family house, they may end up selling to someone who is willing to rent to you.

This is a link to the Truth-in-Renting handbook put out by the State. It is an excellent source of info and contains everything you need to know about NJ landlord/tenant law. http://www.nj.gov/dca/divisions/codes/publications/pdf_lti/t_i_r.pdf

I did check out the T.I.R handbook, I saw you had linked it in another post. But, and I could just not be understanding it, I didn't read/understand, if they want us out, how long do we legally have? I also wouldn't buy this house, we are not interested in being homeowners. From what I read, it seems like we'd have 30 days after they send us something in writing, right? Thank you so much Lisa, for your quick response, and condolences. I really liked my landlord, they don't make people like that anymore.

They would have to give you a minimum of 30 days written notice. If you haven't moved out within that time they would have to file a lawsuit for eviction. Depending on the location that could take anywhere from 2 weeks to 2 months for trial to take place and an eviction.

However, if they are selling they may want to have you stay there and continue to pay rent until the property is actually sold, which could take several months.

I suggest that you give them a few days to adjust to the loss of their father and then speak to them and see what they plan on doing with the property. If they don't want to continue renting to you then you can probably reach an agreement with them that will give you enough time to find a new place.

Not only will it take time to sell and they might be really glad to have your rent, but also probate of the owner's estate will take months, and sometimes the executor (or all the heirs) want to sell before probate and sometimes after. I just wouldn't pay in cash anymore, nor would I buy a money order. They can take months to get info on when cashed, and you don't know who you will be handing payment to. I would tell them politely that for your protection, you need a copy of papers from the court showing who the executor is, and you don't want any bumps in the road.

Thank you guys very much. Lisa, thank you again for the quick response, and yes, I will do that. And Joy, you're right, I won't be paying in cash anymore. I will let you guys know in a few days what is happening. Maybe someone will benefit from my experience. Thanks again! :)