Is New Jersey becoming a "professional tenant" haven?

[Marco Y.]

Hello everyone,

My story comes out of North Jersey where it seems that being a landlord is becoming more and more of a nerve-racking stroke-causing endeavor. 

My parents have owned and operated a 3 family house out of Paterson since the 1980's. They never had any major problems with tenants until last August. It all started when a tenant, who we rented the third floor to, brought in two new individuals who we have never seen before. My parents immediately gave him a call and asked him who those two people were. The tenant never really gave us a straight answer. We then sent a notice to quit a few days later.

A week or so later we had several agencies from the city calling us and telling us we had an "illegal rooming" house and several violations we needed to fix asap. The two individuals had built a makeshift wall in the living room and accused us of building it and renting the apartment as a "rooming house" which it was not and never has been. Coincidentally enough it was around this time (i think a week or so earlier) that my mom filed to evict the third floor for non-payment. And then the fun began. 

Thinking it was a routine eviction (we had probably done one every two years for the past decade) we went into court. While there we saw the two individuals and our tenant with a lawyer. (Big red flag. Most of our evictions the tenants would never have lawyers because it woukld always just be about non-payment) The proceedings started and the attorney immediately accused of of renting a "rooming house" which the house inspectors had declared it was on their report. We told the judge it was all lies but wouldnt really hear us out probably since we didnt have an attorney and he had already expressed dissatisfaction with this. He granted SIX MONTHS RELOCATION FEES TO OUR TENANT. In order to have possession of the apartment we had to pay, which we did the same day. Because of the slow court system it took us almost 5 months (from the time we filed the original eviction) to finally have the apartment back. Now a few days later after we took possession the other two individuals are suing us and saying they also rented from us as a "rooming house" and want six months relocation fees as well as any other damages and attorneys fees. 

We've had an attorney on this case for a few months now and he's as dumbfounded as we are. Neither him nor I understand how someone can illegally move into an apartment, build a makeshift wall with a couple of 2x4's and sheetrock and then claim it is an illegal rooming house and have the court believe them. I asked my attorney what constitutes a rooming house? He said that the people rooming have to pay the landlord separately. These individuals never paid us a dime. Yet in court they lied on the stand saying they did pay us (no receipts, no documents, no pictures, no nothing) and the court believed them. 

It seems that in New Jersey this is becoming more and more of a common practice. I've talked to neighbors in towns like clifton, passaic, newark and paterson who have experienced tenants taking advantage of small time landlords.  Tenants who are taking advantage of the friendly tenant laws and the system. The ones who are the most vulnerable are the small or medium sized landlords and they know that. I'm becoming sick of it.

So, our fear is that the 2nd floor is good friends with the guy who got evicted and is telling them to do the same thing. Simply put a mattress in the living room and claim that you are living in a rooming house and the tenant friendly court will give you 6 months relocation fees. They can do this for each individual living in the apartment. ITS SOMETHING THATS BEYOND WORDS. 

I thought I'd share this story to you all as a warning. If anyone wants to share your thoughts or advice please feel free.

[Susan H.]

Originally posted by @Marco Y.:

Hello everyone,

My story comes out of North Jersey where it seems that being a landlord is becoming more and more of a nerve-racking stroke-causing endeavor. 

My parents have owned and operated a 3 family house out of Paterson since the 1980's. They never had any major problems with tenants until last August. It all started when a tenant, who we rented the third floor to, brought in two new individuals who we have never seen before. My parents immediately gave him a call and asked him who those two people were. The tenant never really gave us a straight answer. We then sent a notice to quit a few days later.

A week or so later we had several agencies from the city calling us and telling us we had an "illegal rooming" house and several violations we needed to fix asap. The two individuals had built a makeshift wall in the living room and accused us of building it and renting the apartment as a "rooming house" which it was not and never has been. Coincidentally enough it was around this time (i think a week or so earlier) that my mom filed to evict the third floor for non-payment. And then the fun began. 

Thinking it was a routine eviction (we had probably done one every two years for the past decade) we went into court. While there we saw the two individuals and our tenant with a lawyer. (Big red flag. Most of our evictions the tenants would never have lawyers because it woukld always just be about non-payment) The proceedings started and the attorney immediately accused of of renting a "rooming house" which the house inspectors had declared it was on their report. We told the judge it was all lies but wouldnt really hear us out probably since we didnt have an attorney and he had already expressed dissatisfaction with this. He granted SIX MONTHS RELOCATION FEES TO OUR TENANT. In order to have possession of the apartment we had to pay, which we did the same day. Because of the slow court system it took us almost 5 months (from the time we filed the original eviction) to finally have the apartment back. Now a few days later after we took possession the other two individuals are suing us and saying they also rented from us as a "rooming house" and want six months relocation fees as well as any other damages and attorneys fees. 

We've had an attorney on this case for a few months now and he's as dumbfounded as we are. Neither him nor I understand how someone can illegally move into an apartment, build a makeshift wall with a couple of 2x4's and sheetrock and then claim it is an illegal rooming house and have the court believe them. I asked my attorney what constitutes a rooming house? He said that the people rooming have to pay the landlord separately. These individuals never paid us a dime. Yet in court they lied on the stand saying they did pay us (no receipts, no documents, no pictures, no nothing) and the court believed them. 

It seems that in New Jersey this is becoming more and more of a common practice. I've talked to neighbors in towns like clifton, passaic, newark and paterson who have experienced tenants taking advantage of small time landlords.  Tenants who are taking advantage of the friendly tenant laws and the system. The ones who are the most vulnerable are the small or medium sized landlords and they know that. I'm becoming sick of it.

So, our fear is that the 2nd floor is good friends with the guy who got evicted and is telling them to do the same thing. Simply put a mattress in the living room and claim that you are living in a rooming house and the tenant friendly court will give you 6 months relocation fees. They can do this for each individual living in the apartment. ITS SOMETHING THATS BEYOND WORDS. 

I thought I'd share this story to you all as a warning. If anyone wants to share your thoughts or advice please feel free.

 I'm very sorry to hear about the difficulties you and your family has experienced. I'm not a lawyer, so you should certainly ask your own lawyer, but I wonder...would it be worth your time to include in your lease "This is a [describe apartment]. Tenant understands this is NOT a rooming house. Landlord expressly prohibits sub-leasing..." etc. etc. etc.

I live in a university town and have an addendum to my lease (with signature required) stipulating the zoning ordinance for single family homes and who can and cannot reside there.