Renter · Hunterdon, NJ · Member since 2011 · 4 posts · 0 votes
My wife and I began renting a one-family house in New Jersey in February 1986 and have paid rent every month without fail and have maintained our tenancy as model tenants without incident.
We had a one-year lease for the first year only after which time we never renewed and as such have been month-to-month tenants for over 24 years.
Now our landlord wishes to sell the house and evict us, and it's causing stress and anxiety every day.
I am here for information to learn if our landlord:
1) must by law sell it to someone who will continue to rent to us; or
2) will be able to force us out; or
3) if this is a case that could go either way.
New Jersey law states that one cause for an eviction action is when "the owner of a house or building with three or fewer apartments wants to move in or is selling the house or building to a buyer who wants to move in."
Would this then be automatic or does a judge have the authority to restrict a new owner from moving in, this based on certain facts presented at the trial, e.g. prospective owner already owns and lives in a house but wants to move here to be closer to relatives.
Landlord bought the house in 1985, renovated it, and immediately placed it in use as a rental home. We have been the only tenants.
Landlord took two (2) months security deposit when state law permits only 1 1/2 months. Moreover, we have good reason to believe that he has not left that deposit intact so therefore we would seek discovery to ascertain if that occurred.
SFR Investor · Orange County, CA · Member since 2009 · 1k+ posts · 1k+ votes
15y
Hi Joe, sorry to hear you might be forced to move, but first it's important to get some terms straight.
From what you've already stated, you are NOT being evicted, your TENANCY is simply coming to an end. These are very important distinctions and you need to be clear on them. Finding another place to rent after an eviction is going to be near impossible, however, simply moving after the end of a lease term is no big deal at all. So don't make any dumb mistakes (such as withholding rent) and turn your tenancy INTO an eviction.
I can only speak for California law, but I'm sure New Jersey laws are awfully similar. Basically, when a house is sold with renters occupying the property, the new owner must honor the terms of the existing lease. However, since you have been living in a month-to-month tenancy, the new owner shouldn't be required to honor anything more than that. IOW, the new owner may only have to give you a written 30 day notice to vacate. If you leave after the 30 day notice, no big deal again. But if you refuse to vacate, you could be hit with an eviction. Also, your rights to your security deposit doesn't change when the property changes hands either.
Now, since you said your wife is a senior citizen are you also saying she is non-ambulatory (can't walk) or otherwise invalid and forcing her to move would create an undo hardship for her? If so, you will probably need an attorney, go to court, and get a judge to rule in her favor allowing her to stay, but you will probably have to present a darn strong case.
Sorry I don't have any more encouraging advice. But make sure the new owner respects your rights. Once you get the 30-day notice or whatever is required, use the time wisely to find another place. And keep the phone number and contact information of your old landlord, the seller, so you can get a stellar recommendation.
Best of luck. Keep in touch and let us know how everything goes.
SFR Investor · Orange County, CA · Member since 2009 · 1k+ posts · 1k+ votes
15y
Hi Joe, sorry to hear you might be forced to move, but first it's important to get some terms straight.
From what you've already stated, you are NOT being evicted, your TENANCY is simply coming to an end. These are very important distinctions and you need to be clear on them. Finding another place to rent after an eviction is going to be near impossible, however, simply moving after the end of a lease term is no big deal at all. So don't make any dumb mistakes (such as withholding rent) and turn your tenancy INTO an eviction.
I can only speak for California law, but I'm sure New Jersey laws are awfully similar. Basically, when a house is sold with renters occupying the property, the new owner must honor the terms of the existing lease. However, since you have been living in a month-to-month tenancy, the new owner shouldn't be required to honor anything more than that. IOW, the new owner may only have to give you a written 30 day notice to vacate. If you leave after the 30 day notice, no big deal again. But if you refuse to vacate, you could be hit with an eviction. Also, your rights to your security deposit doesn't change when the property changes hands either.
Now, since you said your wife is a senior citizen are you also saying she is non-ambulatory (can't walk) or otherwise invalid and forcing her to move would create an undo hardship for her? If so, you will probably need an attorney, go to court, and get a judge to rule in her favor allowing her to stay, but you will probably have to present a darn strong case.
Sorry I don't have any more encouraging advice. But make sure the new owner respects your rights. Once you get the 30-day notice or whatever is required, use the time wisely to find another place. And keep the phone number and contact information of your old landlord, the seller, so you can get a stellar recommendation.
Best of luck. Keep in touch and let us know how everything goes.
Renter · Hunterdon, NJ · Member since 2011 · 4 posts · 0 votes
15y
Thank you Mitch for your response. I hope to get more. You seem to be saying that we have barely more than a prayer and that that would be based on the condition of my wife's health. Yes, she can walk but has a brain disease and balance issues and falls down at times.
What we're specifically looking for is whether or not there are ever certain extenuating circumstances when a judge would not be overreaching his authority by ordering the landlord to restrict his sale only to someone who will continue to rent to us.
We have until March 31 to buy the house after which time the landlord says he will begin to take action if we do not contract with him. Under New Jersey law, he would then have to serve Notice to Quit and then wait two (2) months before filing a suit for eviction.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
15y
Mitch explained what's going on. Let me give it another shot. Because you are on a month-to-month tenancy, the owner simply has to give notice in accordance with the least terms that the tenancy is being terminated. Here is CO, that's 30 days before the rent is due. So, if March rent was paid, and the owner gave notice on March 1 that the lease was being terminated effective March 31, you would need to move out.
Its not an eviction. The lease is just coming to an end. There is no legal obligation for the landlord, or the buyer if he sells the place, to continue to rent the property or to rent it to you.
Don't know the timeline specified by NJ law or your lease, but it could be longer or shorter.
If you don't leave, then the landlord can start an eviction. You may indeed be able to stretch that out for several months. But will a judge rule in your favor when you go to court? Anythings possible, but it seems unlikely. It seems very likely the judge would rule in favor of your landlord. If you still refuse to leave, the landlord will be allowed to enter the property and set your belongings on the sidewalk. This process is usually accompanied by a sheriff. The sheriff doesn't help, but will prevent you front interfering.
If by some chance the judge does rule you can stay, the landlord can still make your life difficult. The simplest thing to do it to give notice and raise your rent as much as he can as frequently as he can. No judge is going to allow you to stay indefinitely in a property that you don't have a lease for, and at a fixed rent.
This is one of the biggest downsides to renting. You're only there as long as the contract between you and the landlord allows. The landlord is terminating the contact. As far as what you've written, the landlord is doing all the right things. You want to change the contract to say you can stay forever.
The fact the landlord collected a larger security deposit than was allowed is unlikely to make a difference. There might be a penalty that would award you the excess amount plus a penalty if you were to pursue that. But it won't result in you being allowed to lease the place forever.
As long as the landlord comes up with the security deposit when you leave, its "intact". If NJ has some law it must be in a separate account and getting interest, you might be able to collect the entire amount.
Rest assured if you force an eviction, and you end up being set out, you will forfeit your security deposit.
Are you paying market rent? Long term situations like this often result in a situation where the rent is under market because the landlord has been slow to raise the rent for a good tenant. If the judge does allow you to stay, I'm sure he would allow the landlord to immediately bring the rent to a market level. If that's the underlying issue, I suspect you're stuck.
If you can't, then you really need to look for another place to live. You still have several weeks. Moving is a pain, especially after being in one place for many years. But this is not your house. You have no rights to continue to possess it after the landlord has given you proper notice.
Renter · Hunterdon, NJ · Member since 2011 · 4 posts · 0 votes
15y
Thank you Jon for your insight. We certainly would never stay here beyond any court-ordered date to vacate. We've been paying market rent all along from $900 in 1986 to $1,650 in 2011. The underlying issue is very complicated and involves the landlord's volatile personal life, which is subject to change as the ongoing drama ensues. He planned to occupy the house in 2009 but was persuaded by others to renege. At this time we don't know if he even has a buyer in mind or if a relative of his is clamoring to buy the house. I will be consulting with attorneys in the area to see if we have a fighting chance here. At the very earliest, he could not file an eviction suit until June and if he wins, our days or months would then be numbered. We would gladly enter into a lease and pay a little higher rent so as to maintain our residency but he seems to be adamant in wanting to get his chunk of change and leave town (and the state) ASAP.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
15y
I strongly, strongly recommend you vacate as requested and not force an eviction. If you just leave now, based on his terminataion of the tenancy, you have done nothing wrong. You can easily rent another place. If you force an eviction, you will have that on your record. If you apply to me for a rental property, and I find an eviction on your record, even after 26 years of tenancy, we're done. Its a show stopper. I'm sure other landlords have the same criteria. So, yes, you may get two or three more months in the property. But in the end you will have to move. Its your choice whether that's with an eviction or without. I'd choose without.
I'm glad you're going to consult with an attorney. Perhaps they know some method to allow you to stay in the property. I do, however, think that even if they can find such a loophole, your landlord will make your lives a living hell, and will raise the rent as much as he legally can and as frequently as he can.
He's owned the house 26 years. I'm sure its worth significantly more than he paid for he. He's within his rights to want to sell it and move on with his life. If he can be forced to sell only to a buyer who will continue to rent to you, the value is significantly reduced. This is an equivalent sitaution to when a city condems a garage in order to build a Walgreens. Its a "taking". This happened in my city. The garage owner took the city to court and won, forcing the city to back down. Your situation is similar, and I think the law will side with your landlord.
If its hard to move in three weeks, ask for an extra month. Agree to keep the place clean and let the landlord show it to prospective buyers. Don't fight a battle you just can't win.
Renter · Hunterdon, NJ · Member since 2011 · 4 posts · 0 votes
15y
Message heard loud and clear. Sadly, we don't have enough money to relocate as it would cost us upwards of $4,000 to do so. We're barely able to scrape up the monthly rent + utilities what with vehicle payments, auto insurance, and monthly court judgments I'm paying off, etc., etc. - the usual cost of living. That might buy us more time but in the end it's pay up or be homeless. The landlord would have 30 days after we vacate the premises to return the $1,800 + 25+years interest, which would sure come in handy beforehand in helping us to relocate.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
15y
Perhaps you could negotiate with your landlord to give you the security deposit plus interest right away in exchange for moving on quietly. It may be challenging to figure out the interest you're owed, if this hasn't been kept in a separate, interest bearing account. But even a 3% average interest rate over 26 years would double your deposit. At 4%, its almost $5000. Maybe you could come to some agreement about the amount (assuming its not been in a separate, interest bearing account) and get part of it right when you leave and the rest 30 days later.
SFR Investor · Orange County, CA · Member since 2009 · 1k+ posts · 1k+ votes
15y
Originally posted by Joe Wilson:
What we're specifically looking for is whether or not there are ever certain extenuating circumstances when a judge would not be overreaching his authority by ordering the landlord to restrict his sale only to someone who will continue to rent to us.
You're definitely going to need an attorney's assistance here and see if there is any precedence for what you're asking. To prevent or restrict a landlord from selling his own house smacks at one of the very principles of ownership, namely the right to sell or transfer his property. The only legal protection you have is the lease, which reverted to a month-to-month rental agreement decades ago.
To your credit, you have a flawless payment history and have stayed in one place for several years. We would place you at the top of the list for one of our rentals!