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sjsc1253 · Nov 22, 2008, 03:31 PM

I've lived in my apartment in nj for over two years with no lease.
Because of financial issues I fell behind in the rent.
We went to court and the judge ruled for the landlord.
But, was told she either had to take the back rent, which I gave her or come back to court to show cause for eviction.

She took the rent, and today told me I have two choices, either sign a 6 month lease or get out.

Also, she never put my security in an interest bearing account. From what I read, I can send her a formal letter requesting that since she violated this law, I would like my security to be applied to next months.

So, can she force me to sign a lease? And is the security issue correct?

ScottGem · Nov 22, 2008, 03:53 PM

First, yes she can force you to sign a new lease. Since you had no lease, you were a periodic tenant. Sucn tenancy can be terminated with one rental period notice.

Second, you cannot dictate how the security is used. There may be penalities for not placing the security in an account. But generally they would be to no allow the landlord to keep the deposit.

As an aside, please try reading the instructions for using this site more carefully. You originally posted this in the Introductions forum which is clearly marked as NOT the place to ask questions. I moved it for you.

sjsc1253 · Nov 22, 2008, 04:04 PM

Sorry about the "question in introduction" error.

However, in NJ the security deposit question is a law. It's something like NSJ 48:12 through 19, I just found it. I don't know how to attach the link.

The lease thing for my landlord is an issue because, she cannot accept the rent and forcee to evict. And after two years, it is obvious that's what she is doing. She actually said I have two choices. So, she is violating what the court said. Either take the money or go back to court to show cause. She took the money.

Fr_Chuck · Nov 22, 2008, 04:11 PM

Actually yes, if you are on a month to month, and these are not rent controlled property, they can do many things with one month notice,
Evict you, raise the rent, change any rental agreement.

So she can ask that you sign a lease or move, that is completely legal.

Also you can not require her to use deposit for next months rent, that is for security deposit. If they used the deposiit incorrectly, then that is a separate matter.

LisaB4657 · Nov 22, 2008, 05:34 PM

Yes, NJ law states that the landlord must place the security in an interest-bearing account and inform you where it is held, and if she fails to do so then you can send her a letter stating that your security should be applied to the rent for the next month. However, this law does not apply to owner-occupied 2 or 3 family dwellings. If this is an owner-occupied 2 or 3 family dwelling then the law will only apply 30 days after you send her a letter stating that you want the landlord to fulfill the requirements of the Security Deposit Law.

As for signing a lease, the landlord is allowed to terminate your tenancy and file for eviction if you fail to accept reasonable changes to the terms of your tenancy. Requiring a signed lease is not an unreasonably change. Also, in your situation this means that she can increase the rent every 30 days if she wants. If you want to continue living in this apartment then it is probably in your best interest to sign a lease.

sjsc1253 · Nov 22, 2008, 08:14 PM

Originally Posted by LisaB4657

Yes, NJ law states that the landlord must place the security in an interest-bearing account and inform you where it is held, and if she fails to do so then you can send her a letter stating that your security should be applied to the rent for the next month. However, this law does not apply to owner-occupied 2 or 3 family dwellings. If this is an owner-occupied 2 or 3 family dwelling then the law will only apply 30 days after you send her a letter stating that you want the landlord to fulfill the requirements of the Security Deposit Law.

As for signing a lease, the landlord is allowed to terminate your tenancy and file for eviction if you fail to accept reasonable changes to the terms of your tenancy. Requiring a signed lease is not an unreasonably change. Also, in your situation this means that she can increase the rent every 30 days if she wants. If you want to continue living in this apartment then it is probably in your best interest to sign a lease.

So just to be clear... I can send her the letter now and ask that my security deposit should be applied to Dec rent. This is a multifamily, non owner occupied.
I read the law several times, but I know she will retaliate and I just want to be absolutely sure. Thanks for the advise. I will sign the lease, provided there is nothing sneaky in there about up keep of the outside of the property. This is an absentee landlord, whom we never see or hear from unless of course the rent is late.

LisaB4657 · Nov 22, 2008, 09:02 PM

Yes, you can send her a letter telling her that she failed to inform you in writing of where the security deposit was being held, so according to N.J.S. 46:8-19 you are instructing her to apply your security deposit to future rent as it becomes due.

Make sure you send two copies of the letter, one by regular mail and one by certified mail, return receipt requested. And keep a copy for yourself!

ScottGem · Nov 22, 2008, 10:18 PM

Originally Posted by sjsc1253

So just to be clear...I can send her the letter now and ask that my security deposit should be applied to Dec rent. This is a multifamily, non owner occupied.
I read the law several times, but I know she will retaliate and I just want to be absolutely sure. Thanks for the advise. I will sign the lease, provided there is nothing sneaky in there about up keep of the outside of the property. This is an absentee landlord, whom we never see or hear from unless of course the rent is late.

I would certainly advise that you do NOT send that letter. At least not if you do plan on signing the lease. You are correct, she will most probably retaliate. And she can do so in a number of subtle ways. It seems to me you would be cutting off your nose to spite your face. Do you really want to live in a place where the landlord is mad at you?

sjsc1253 · Nov 23, 2008, 06:31 AM

My landlord, after a barrage of insults including calling me a liar, a fraud and a coward (when I had a heart attack and she insisted on seeing my medical records, which I promptly sent her, and when my dad died, Oct 20, she said "that's not gonna pay my bills) told me "the law is the law" and filed for the eviction. I figure the "law" should apply to everyone, not just a landlord. So as far as the security letter goes, I will send it, following the letter of the law. I and my neighbor upstairs are the ones that take care of this house. Mowing, shoveling, cleaning, decorating (tastfully) for all the holidays. We live with faulty wiring, mold on the bathroom tiles, bugs in the basment, broken windows, etc. But, I love this neighborhood, I'm close to work and my Mom, this is my HOME. I just want to prove, contrary to my landlords thinking, that I am poor, not stupid. I thank you all for your input, and invite anyone with more information.

Thank you

ScottGem · Nov 23, 2008, 06:49 AM

So your thinking is that she can't do any worse to you so it won't hurt to sock it to her for a change.

I would still suggest that, if you want to remain in that house that you do as little as possible to antagonize her. Remember she does NOT have to renew your lease. Even if you sign the 6 month lease, at the end of the 6 months she can terminate it. She does not have to have a legal reason to do so.

LisaB4657 · Nov 23, 2008, 07:12 AM

Originally Posted by ScottGem

So your thinking is that she can't do any worse to you so it won't hurt to sock it to her for a change.

I would still suggest that, if you want to remain in that house that you do as little as possible to antagonize her. Remember she does NOT have to renew your lease. Even if you sign the 6 month lease, at the end of the 6 months she can terminate it. She does not have to have a legal reason to do so.

Yes, Scott, the landlord does have to renew her lease. In NJ the law requires that the landlord must offer the tenant a renewal lease and may only include "reasonable" changes in the terms of the lease, including a "reasonable" increase in rent. There are only 16 reasons for which a landlord may not offer a renewal and so far this situation doesn't fall into any of them.

ScottGem · Nov 23, 2008, 07:21 AM

Whoops.

So you would agree to antogonizing the landlord but calling them into account?

sjsc1253 · Nov 23, 2008, 07:28 AM

Based on what I've read, in NJ, if I comply with all aspects of the lease, the only reason for eviction is if she, the landlord, wants the apartment for herself or a family member.
And that has to be proven in court.

Also, again, based on the laws I've read, if she contests the security issue, judges rule in favor of the tenant, and usually order the landlord to pay 2x the security.

Again, although I am a novice, I have been researching these issues for days.

I am not trying to sock it to her, I just want what is fair. Any additional info you have is greatly appreciated. But, I did notice that the laws are slightly different state to state. NJ seems to be sympathetic toward the tenant.

LisaB4657 · Nov 23, 2008, 07:32 AM

NJ is probably one of the most tenant-friendly states in the country.

Go to http://www.nj.gov/dca/codes/lt/pdf/t_i_r.pdf to get a copy of the Truth in Renting book. That has a ton of info for residential tenants in NJ. In fact your landlord was supposed to give you a copy when you first moved in.

ScottGem · Nov 23, 2008, 07:34 AM

Originally Posted by sjsc1253

I am not trying to sock it to her, I just want what is fair.

Oh please. Don't try to insult our intelligence. She tried to evict you for being late. You felt she was using the law against you, now you want to use the law against her. This is, of course, your right, but lets be honest that you are taking legal revenge.

If you wanted what's fair, you would inform her that she's violating the law and give her some time to comply.

sjsc1253 · Nov 23, 2008, 07:39 AM

Do you believe that a landlord should exercise their rights, but a tenant should not?

As I said, I am part of the working poor, not an ill-educated, "let the government take care of me", sit home watching TV all day person. I am a 55 year old woman who became unemployeed for a few months and is trying to keep it together.

I was forced into court (rightly so) to fulfill my legal obligations to my landlord.
So, the question remains, shouldn't the landlord be forced to fulfill theirs?

sjsc1253 · Nov 23, 2008, 08:12 AM

First of all, I am not on this site to "insult" anyone. I was looking for information.

Secondly, if I knew of this security deposit law, I would have used it 2 months ago, and the whole eviction thing would never have happened.

Thirdly, aren't most law suits "legal revenge"?

It appears to me, you are looking for an argument. And, I believe, sir, that by your last comment... you have insulted me.

JudyKayTee · Nov 23, 2008, 11:16 AM

Originally Posted by sjsc1253

First of all, I am not on this site to "insult" anyone. I was looking for information.

Secondly, if I knew of this security deposit law, I would have used it 2 months ago, and the whole eviction thing would never have happened.

Thirdly, aren't most law suits "legal revenge"?

It appears to me, you are looking for an argument. And, I believe, sir, that by your last comment...you have insulted me.

No, most lawsuits are most definitely NOT legal revenge. They are to right a wrong, level the playing field or make people whole.

Otherwise - if you would have paid your rent on time you wouldn't have this problem. Who maintains the property, mows the grass, whatever, has absolutely nothing to do with this issue. You are confusing the moral ("how things should be in a perfect World") with the legal ("This is how it is").

NJ tenant law has been posted before and it's pretty much a nightmare for a landlord with a problem tenant.

I see points on both sides here but I would expect you to prove you can do what you intend to do and your landlord to do what she can do (raise your rent through the roof) and then evict you when you can't pay the increase.

ScottGem · Nov 23, 2008, 04:03 PM

You stated, you fell behind in your rent so the landlord took you to court and won. Well of course she won, You are required to pay your rent on time. If you don't the landlord has every right to take you to court for it. Sounds to me like she gave you a pay or quit notice rather than a lease termination for cause. In a pay or quit, you have the option to pay up to avoid the eviction. Which you apparently did.

I'm not trying to insult you, just get you to be honest with yourself about your motives.

As Judy said, the purpose of a lawsuit is to right a wrong. You were the one in the wrong by not paying your rent.

sjsc1253 · Nov 23, 2008, 07:33 PM

My motives are to keep myself and my son from being homeless.
I never said I was angry that my landlord won the eviction judgement.

I was heartbroken, sir.

Once again, just like my landlord, you words infer that because I couldn't pay my rent on time, makes me somehow ignorant, as you felt it necessary to tell me I'm required to pay my rent on time.

The wrong in not paying rent on time was "circumstance", such as illness, unemployment. I did not willfully or with malice intend to break the law.

The landlord on the other hand has been renting these apartments for 20 years, and willfully side stepped the law by not depositing my security as required by law.

Also, I did not come to the web site to have my motives examined.

Just to confirm information. Which I have.

Your comments are condesending and have upset me terribly, you words made me feel lesser, and stupid. This is just wrong.