Real Estate Agent · NJ · Member since 2019 · 237 posts · 169 votes
One of my clients gave me a call and let me know he had just received a court summons for illegally renting an apartment. The property is a legal two family, but the bottom unit has a basement space with a full kitchen, it's own entrance etc that was being rented out essentially making it a 3 family.
He wanted to know whether he should get an attorney and dispute the charges or simply accept any fee the courts give him which could be a few thousand dollars.
I'm not an attorney, but suggested he consult with one anyway to see what his best options are. Curious to know what some one else would do in this situation?
@Shain Ismailovski, I am also not an attorney, but I would be concerned that it will be more than just fees. Probably too late at this point regardless, but there will likely be building code issues brought up (fire exits, clearance heights, non-permitted improvements).
If it's a few thousand in fees, it's well worth a consultation from a RE lawyer. I don't know enough about the details - but fees like that can often be negotiated and you want to be sure you're not opening yourself up to other liability by accepting wrongdoing
@Evan Polaski Right, my thoughts exactly. The situation is tricky and this municipality is notoriously anti-landlord. Won't be surprising if they tack on extra issues.
@Mike McCarthy You make a really good point. When it rains it can pour. My thought has always been if it involves court summons its always worth to at least consult an attorney.