How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31507
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Landlord-Tenant Question Here...
Roger is online now
A new question is answered every 9 seconds

In NJ, what is the rights of a tenant who has lived in a 2

Customer Question

In NJ, what is the rights of a tenant who has lived in a 2 family home for over 25 years and has maintained all the landscaping and gardening in the backyard from a verbal agreement between a deceased owner and her now deceased son. The original owners daughter is now the new landlord and after almost 2 years since the orinial landlord son passed away, she is now instructing the tenant to let the neighbors upstairs use the backyard because they have the right to access it. She gave a 2 day notice to the tenants on the 1st floor that they must let them use it. Since the tenant doesn't know their rights, they let the with extreme regret. They felt violated and uncomfortable in their own home of over 25 years. What are the tenants right if there was a verbal agreement between the deceased mother (original owner) and deceased son?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Roger replied 8 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 8 months ago.

Unfortunately, a verbal agreement regarding real estate is not enforceable......and no verbal agreement is legal unless it is to complete within 12 months of entering into it.

Expert:  Roger replied 8 months ago.

Thus, the tenants likely would have no legal right to prohibit this UNLESS the lease agreement in place says that the tenants have exclusive use of the backyard.

Expert:  Roger replied 8 months ago.

I certainly understand the trepidation the tenants have about this after using the backyard exclusively for several years, but the bot***** *****ne is if they don't have a written agreement in place that says they're paying rent for the space or and that they have exclusive rights to use the space, they don't have any legal right to demand exclusive use.

Expert:  Roger replied 8 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 8 months ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!