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    harry2323's Avatar
    harry2323 Posts: 2, Reputation: 1
    New Member
     
    #1

    May 23, 2011, 06:37 AM
    Bad Tenent
    I rented two bed rooms in my home in the basemant to a brother and sister.
    They have being living there for 6 months. Recently she has become pregnant and needs money I'm guessing. So they decided to go to the town clerk and say we rented out a illeagel apt. I told them I only rented 2 bed rooms not the whole apt.they told me I owe them 6 times the amount of rent they have paid me I don't own the house I rent also I just wanted help paying for my rent. They have no lease they have not paid their rent this month but I do have a security from them .Wat can I do??
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 23, 2011, 06:49 AM

    Laws vary by State. Where are you?

    Do I have this right - you rent this home. You then sublet 2 bedrooms in the home, in the basement, to your brother and sister.

    This is not an illegal apartment UNLESS there are cooking facilities for that unit only (in most areas).

    You can evict them according to the laws of your State but you cannot collect rent from them if the apartment is illegal. The Judge MIGHT order you to refund the rent they have paid if the apartment is illegal. I have no idea why they are saying "6 times" the rent.

    Did you have permission from your landlord to rent out bedrooms? Does your lease limit the number of occupants in your house?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #3

    May 23, 2011, 06:51 AM
    Quote Originally Posted by harry2323 View Post
    Wat can i do???
    Hello harry:

    Evict them. Let 'em scream and holler.

    excon

    PS> I'm assuming, since you're their landlord, that you know HOW to evict them. We have copies of all the states landlord tenant laws at the top of the real estate page on a sticky note. Find out what YOUR state requires. It probably begins with a written "3 day notice to pay rent or quit".

    excon
    harry2323's Avatar
    harry2323 Posts: 2, Reputation: 1
    New Member
     
    #4

    May 23, 2011, 06:54 AM
    Comment on JudyKayTee's post
    Im in New Jersey and yes my landlord knows I rent rooms out I have 2 floors and yes there is a oven in the first floor and second floor but I never rented them out the whole apt. I always noted it was the rooms I'm renting. The reason I want them out because I smell them smoking weed and non payment of the rent. After they came up with 6 times the amount I owe them plus it is a illeagle apt. but I told them they don't rent to whole apt just the rooms.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #5

    May 23, 2011, 07:09 AM

    From what I am reading if there are cooking faciities it IS an apartment. You have nothing in writing so the arrangement is your word against theirs. The Court will have to determine whether it is reasonable to "assume" that they rented two bedrooms and went "out" for all their meals - or had them with you.

    Evict them for non-payment of rent, expect them to counterclaim for all rent paid plus damages and see what the Court decides.

    Guidelines for New Jersey Residential Eviction

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